Could my half brother sponsor me for a residence permit?

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whatmika
Posts: 2
Joined: Sat Jul 09, 2016 10:00 pm

Could my half brother sponsor me for a residence permit?

Post by whatmika » Sat May 23, 2020 3:08 am

Hi!

I currently have a disability (bipolar disorder 1), that impedes on my daily life. My half brother used to live with me in the United States, but then he had to move back to Finland. I used to live a very strong family life with my brother. He currently now lives in France. Is it possible to acquire a residence permit based on close family ties, or to possibly get a residence permit based on the grounds that I have a disability and wish to resume close family life again? One could say that I'm disabled and dependent on my half brother, would that be grounds for a residence permit? Are there any situations where this could work out with Migri? Just curious to see if that can work out. Thanks!



Could my half brother sponsor me for a residence permit?

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FinlandGirl
Posts: 334
Joined: Sat Nov 09, 2019 10:43 am

Re: Could my half brother sponsor me for a residence permit?

Post by FinlandGirl » Sat May 23, 2020 12:59 pm

whatmika wrote:
Sat May 23, 2020 3:08 am
I currently have a disability (bipolar disorder 1), that impedes on my daily life. My half brother used to live with me in the United States, but then he had to move back to Finland. I used to live a very strong family life with my brother. He currently now lives in France. Is it possible to acquire a residence permit based on close family ties, or to possibly get a residence permit based on the grounds that I have a disability and wish to resume close family life again? One could say that I'm disabled and dependent on my half brother, would that be grounds for a residence permit? Are there any situations where this could work out with Migri?
No.

Exceptional reasons like "absolutely require to give the relative personal care" do not even remotely apply to you. Most people (especially older people) have some medical problems that impede their daily life, a 90 year old uncle would not get a residence permit despite the average 90 year old being more impended in his life than you are.

Your brother can move back to the United States if you want to live together.

betelgeuse
Posts: 3404
Joined: Thu Aug 29, 2013 1:24 am

Re: Could my half brother sponsor me for a residence permit?

Post by betelgeuse » Sat May 23, 2020 1:28 pm

FinlandGirl wrote:
Sat May 23, 2020 12:59 pm
whatmika wrote:
Sat May 23, 2020 3:08 am
I currently have a disability (bipolar disorder 1), that impedes on my daily life. My half brother used to live with me in the United States, but then he had to move back to Finland. I used to live a very strong family life with my brother. He currently now lives in France. Is it possible to acquire a residence permit based on close family ties, or to possibly get a residence permit based on the grounds that I have a disability and wish to resume close family life again? One could say that I'm disabled and dependent on my half brother, would that be grounds for a residence permit? Are there any situations where this could work out with Migri?
No.

Exceptional reasons like "absolutely require to give the relative personal care" do not even remotely apply to you. Most people (especially older people) have some medical problems that impede their daily life, a 90 year old uncle would not get a residence permit despite the average 90 year old being more impended in his life than you are.

Your brother can move back to the United States if you want to live together.
The situation is lacking in information to analyse properly. If the brother is Finnish, this is a Surinder Singh case and EU free movement is used. In this case any talk about residence permits is irrelevant. The potential route would be as "other" family member.

https://eumovement.wordpress.com/2008/0 ... ficiaries/

If living together happened too long ago to be relevant any more, then the route would be through reestablishing the household in the USA.

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fintel
Posts: 142
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Re: Could my half brother sponsor me for a residence permit?

Post by fintel » Mon May 25, 2020 1:36 am

whatmika wrote:
Sat May 23, 2020 3:08 am
I currently have a disability (bipolar disorder 1), that impedes on my daily life. My half brother used to live with me in the United States, but then he had to move back to Finland. Are there any situations where this could work out with Migri? Just curious to see if that can work out. Thanks!
Is your brother an EU Citizen?

It could work if your brother is an EU national and then he can sponsor you under EU family laws (EEA family permit). The requirement for that is to show documentation that proves that your bother has been sending you money regularly over a period of time. The idea here is to show that you are a family partner with whom the Union citizen has a durable relationship.

However, in any immigration scenario, you must remember that the host country is trying to invite healthy migrants. People who are going to be an asset to the economy and not going to become a liability. So the most basic requirement is that you have to be healthy and not pose a national security risk. If you don't clear these two conditions, the other factors like family etc are not weighed in the same.

In Finland where healthcare is subsidized by the government, you will immediately be recognized as a liability. Bipolar disorder is a psychological disorder and it does not stop you from working or performing a job. And "Half brother" is probably not even considered a real family member according to EU law. This family status is generally reserved for spouse, parents, children, etc. However, if you still wish to proceed, and I am assuming your half brother is an EU citizen, then he can invite you under EU family laws.

Example:

A french national who currently works in Finland and he can prove that he has regularly sent money to his brother who is a US national living in USA. Does this establish that the brother is dependent on him, and he has the right to reside with him in Finland?

Answer: Not necessarily - It is Finnish authorities who will decide, after an extensive examination of your personal circumstances, whether or not you are dependent on him. The European Court of Justice has held that the EU countries enjoy a wide discretion in setting the requirements as to the nature and duration of the dependence.

Read EU Directive 2004/38 Article 3 for more information on extended family members.
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Upphew
Posts: 10604
Joined: Tue Apr 08, 2008 10:55 pm
Location: Lappeenranta

Re: Could my half brother sponsor me for a residence permit?

Post by Upphew » Mon May 25, 2020 9:39 am

FinlandGirl wrote:
Sat May 23, 2020 12:59 pm
whatmika wrote:
Sat May 23, 2020 3:08 am
I currently have a disability (bipolar disorder 1), that impedes on my daily life. My half brother used to live with me in the United States, but then he had to move back to Finland. I used to live a very strong family life with my brother. He currently now lives in France. Is it possible to acquire a residence permit based on close family ties, or to possibly get a residence permit based on the grounds that I have a disability and wish to resume close family life again? One could say that I'm disabled and dependent on my half brother, would that be grounds for a residence permit? Are there any situations where this could work out with Migri?
No.

Exceptional reasons like "absolutely require to give the relative personal care" do not even remotely apply to you. Most people (especially older people) have some medical problems that impede their daily life, a 90 year old uncle would not get a residence permit despite the average 90 year old being more impended in his life than you are.

Your brother can move back to the United States if you want to live together.
I'm no expert on immigration, but hanging on this forum has made me aware how stuff tends to work in Finland. OP's bro lives in France. https://www.welcometofrance.com/
http://google.com http://translate.google.com http://urbandictionary.com
Visa is for visiting, Residence Permit for residing.


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