There is nothing stopping you from trying to go down this route and updating us on whether you were successful or not. But, as
CR001 and
alterhase58 have advised above, the probability of failure is very high. So, plan accordingly as to what you would do if the parents are refused the family permit.
Both pre and post Brexit, there was a requirement for the parents to be
dependent on the EEA citizen or their spouse.
Pre-Brexit, the dependency was not scrutinised significantly and was assumed.
Post Brexit, the dependency is scrutinised in some detail. That would explain the delays in processing the applications now.
EU Settlement Scheme Family Permit and Travel Permit caseworker guidance wrote:
(Page 64)
‘Dependent’ means that, as demonstrated by relevant financial, medical or other documentary evidence:
• having regard to their financial and social conditions, or health, the applicant cannot meet their essential living needs (in whole or in part) without the financial or other material support of the relevant EEA citizen (or, as the case may be, of the qualifying British citizen) or of their spouse or civil partner
• such support is being provided to the applicant by the relevant EEA citizen (or, as the case may be, by the qualifying British citizen) or by their spouse or civil partner
• there is no need to determine the reasons for that dependence or for the recourse to that support
Because the scrutiny of such applications is much higher now, I suspect that a turn-up-and-apply application at Calais (or at other UKBA juxtaposed sites like Brussels and Paris) would fail.
As I mentioned above, if you plan to go down that route, you must plan on what to do if you are refused, as that is a very real possibility.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.
