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"Under the scheme set out in reg 8 (2) of the Immigration (European Economic Area) Regulations 2006, a person can succeed in establishing that he or she is an �extended family member� in any one of four different ways, each of which requires proving a relevant connection both prior to arrival in the UK and in the UK:
It is not necessary, therefore, to show prior and present connection in the same capacity: i.e. dependency- dependency or household membership-household membership ((i) or (ii) above). A person may also qualify if able to show (iii) or (iv)."
"It should be recalled that in Ihemedu (OFMs - meaning) Nigeria [2011] UKUT 340 (IAC) the Upper Tribunal held that:
�If an applicant chooses not to apply from abroad for a family permit under reg 12 of the 2006 Regulations, thereby denying the UK authorities an opportunity to check documentation in the country concerned, he cannot expect any relaxation in the burden of proof that applies to him when seeking to establish an EEA right.�
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