Extended family members’ is defined in Regulation 8 as meaning:

  • more distant family members of the EEA national or of his spouse / civil partner who can demonstrate that they are dependant
  • partners where there is no civil partnership but they can show that they are in a "durable relationship" with the EEA national.

For extended family members only the following conditions in relation to dependency must be satisfied:

  • The extended family member must have established his/her dependency on the relevant EEA national in the country from which the EEA national moved to the UK. This is consistent with the wording of Article 3(2) of the Directive, which states that the person must be a dependant of the EEA national in the country from which they have come;
  • The dependency must have existed immediately before or very recently before the EEA national came to the UK; and
  • The extended family member must have come to the UK at the same time as the EEA national or just before or very recently thereafter.

Article 3(2) of the Free Movement Directive provides for Member States to facilitate entry and residence, in accordance with their national legislation, for

  • “any other family members, irrespective of nationality, not falling under the definition in point 2 of Article 21 who, in the country from which they have come, are dependants or members of the household of the Union citizen having the primary right of residence, or where serious health grounds strictly require the personal care of the family member by the Union citizen”; and
  • “the partner with whom the Union Citizen has a durable relationship, duly attested.”

Under Regulation 8 there are four kinds of extended family member:

  • a person who is a relative of an EEA national or his/her spouse or civil partner and who is financially dependent on the EEA national or is a member of his/her household, and who either (i) is accompanying the EEA national to the UK / wishes to join him there, or (ii) has joined him in the UK and continues to be dependent on him or to be a member of his/her household;
  • a person who is a relative of an EEA national or his/her spouse or civil partner and, on serious health grounds, strictly requires the personal care of the EEA national or his/her spouse or civil partner;
  • a person who is a relative of an EEA national and would meet the requirements of the Immigration Rules (other than those relating to entry clearance) for ILR as a dependent relative of an EEA national were the EEA national a person present and settled in the UK;
  • a person who is the partner of an EEA national (other than a civil partner) and can prove that he is in a durable relationship with the EEA national.

Until an applicant is recognised as an extended family member and issued with a residence card (or EEA family permit or registration certificate) he has no rights deriving from EU law.