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Residence card dependant elderly parent denied

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cocobella
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Residence card dependant elderly parent denied

Post by cocobella » Mon Oct 28, 2019 12:20 pm

Hi,
This forum has a wealth of info so I'm hoping to get some guidance here. I am a UK national living in Spain with my dependant mother who is a non-EU national. We have been living here for 4 years and have applied for a residence card for my mother several times over the period. Each time she has been denied. I am self-employed, pay taxes to the Spanish government, am on the padron, pay hefty monthly social security, have private family heathcare cover and have been providing for my mother (including sending monthly transfers to her account for over 5 years). For the past couple years I have hired a solicitor to help but still constant rejection. Today we have received another denial. We are at our wits end. Everytime the stated reason for rejection is we didn't provide sufficient evidence of dependency. Any idea of what we can do to get the residence card for my mum? We are in Barcelona if that makes any difference (re:the Catalonia autonomony issue with Spain).
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ALKB
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Re: Residence card dependant elderly parent denied

Post by ALKB » Mon Oct 28, 2019 5:26 pm

cocobella wrote: ↑
Mon Oct 28, 2019 12:20 pm
 Hi,
This forum has a wealth of info so I'm hoping to get some guidance here. I am a UK national living in Spain with my dependant mother who is a non-EU national. We have been living here for 4 years and have applied for a residence card for my mother several times over the period. Each time she has been denied. I am self-employed, pay taxes to the Spanish government, am on the padron, pay hefty monthly social security, have private family heathcare cover and have been providing for my mother (including sending monthly transfers to her account for over 5 years). For the past couple years I have hired a solicitor to help but still constant rejection. Today we have received another denial. We are at our wits end. Everytime the stated reason for rejection is we didn't provide sufficient evidence of dependency. Any idea of what we can do to get the residence card for my mum? We are in Barcelona if that makes any difference (re:the Catalonia autonomony issue with Spain).
Does your mother have any other income apart from the transfers you send to her account?
I am not a regulated immigration advisor. I am offering an opinion and not advice.
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cocobella
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Re: Residence card dependant elderly parent denied

Post by cocobella » Mon Oct 28, 2019 6:26 pm

No, she doesn't. We pay for all her living expenses. The solicitor has said that the authorities here just do blanket rejections of dependant ascendents nowadays. He says we just have to keep reapplying. I have submitted more than the required documentation according to EU law. It went to Appeal the last time and still declined. I have contacted Solvit both in Spain and the UK a couple years ago and they were unhelpful, said that 'dependency' is open to the Authorities interpretation. They also will not get involved with taking things further once a solicitor is taking the case on. It is so frustrating.
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CR001
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Re: Residence card dependant elderly parent denied

Post by CR001 » Mon Oct 28, 2019 6:36 pm

How did she enter Spain, what visa did she have??
Char (CR001 not Casa)
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cocobella
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Re: Residence card dependant elderly parent denied

Post by cocobella » Mon Oct 28, 2019 6:41 pm

She is a non-visa required national. She lived with us for a short time in the UK after my father passed away. She then came with us when my husband and I decided to move to Spain.
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cocobella
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Re: Residence card dependant elderly parent denied

Post by cocobella » Mon Oct 28, 2019 7:55 pm

Tbh, I think they don't even look at the paperwork despite all the effort and money it takes each time to get up to date translations and documents done. After the previous failed attempt, I did some research and saw on the Spanish immigration website that they had inserted a recent clause that residence cards would not be given to adult children and parents. I was shocked they could just insert a clause like that which surely does not adhere to free movement rules. I brought it up with my lawyer and he just shrugged and said they change the rules all the time.
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