Residence permit for dependent parent

Hi,
Today my parents were refused entry into UK for second time. Me and my wife are both permanent professionals, and wanted to bring my parents in UK as they are dependent on us. Every month i send them money as they struggle to cope with everyday expenses. On our first applications we included all the documents needed from both parties. The reason for the refusal was that a document showing the expenses of my parents was missing. On our second application we included the document along with updated payslips and bank statements. Today the received their second refusal , which was a surprise as according to the first we were missing only one document which we included on the second application. The refusal note stated :
- I acknowledge that you have provided a number of documents to support your application, including four western union money transfer receipts ( i also send them bank transfers money which apparently they missed). Whilst i acknowledge that this shows that your sponsor regularly sends you money, i am not satisfied that you have demonstrated that this money pays for your essential need in Albania for example rent and food (this was the documents which i provided them in the second applications showing their expenses).

- One the evidence submitted in support of your application and, on the balance of probability, i am not satisfied you are wholly or mainly financially dependent on your sponsor or, if you are, i am not satisfied that it is a dependency of necessity rather than choice. I am therefore not satisfied that you are an extended family member in accordance with regulation 7 of the immigration (European Economic Area) Regulations 2006.

- I therefore refuse your EEA Family Permit application because i am not satisfied that you meet all the requirements of regulation 12 of immigration (European Economic Area) Regulation 2006.

Please help, this is really urgent my parents are really dependent on me and i clearly provided every document possible to show that.

Regards
Frants

The reasons for refusal of this FP clearly contravene EU law.

i am not satisfied that it is a dependency of necessity rather than choice. I am therefore not satisfied that you are an extended family member in accordance with regulation 7 of the immigration (European Economic Area) Regulations 2006.

You (your parents) only have to prove dependency as a matter of fact - the question of 'choice' is immaterial and is not a valid reason for refusal.

The 'official' has also made a schoolboy error in referring to this as an application by extended family members (Actually covered by Reg 8 ).
Your parents are in fact your direct family members to which EEA Regulation 7 applies.

Ref http://www.eearegulations.co.uk/Latest/ByPage/part1_7

See case law of Lim which you can use to help fight and overturn this injustice.

And see a fellow member's experience here:
http://www.immigrationboards.com/europe ... 10945.html
- notice similarities in the boilerplate text and reasons stated for refusal

Thank you very much, i really appreciate it.

Hi again,
Finally after 1 year from appealing to tribunal i received the hearing date for my case.
The hearing will take place on 10th of November.
Can you please advice at what kind of evidence i should include and what points of argument i should raise, as i am a little bit nervous because i havent seen many successful dependent visa being granted by the tribunal.

Regards,
Frants

Hi,
Today i received my residence application regarding my parents and it was refused on the grounds that i didnt provided evidence of money transfer and other means of dependency.
Last year i was lucky to win my case in the tribunal regarding their visas (it took 3 years), after my parents were granted family re union visa they applied for residence in UK. Prior to this application that arrived today they applied w more times and they were refused on grounds of needing more documents from the sponsor (me) and proving that i am their son. After doing so finally they send as a letter for the bio metric checks.
Unfortunately today we received the application after 4 months and the refused it again based that we didnt provided dependency evidence while they are in UK.
Now my question is how do ii do that, as my parents have been living with me and until they get their permit they cannot open a bank account so how i can prove money transfers or any other means.
Since last November that they were allowed to enter UK they have been living with me and my wife, with no right to work so i dont understand what evidence i can sent to prove dependency while in uk.
Can please someone with similar issue help on this matter before i make a judgement of re-applying or appealing the decision.

Regards,
Frants

Is this an EEA residence card? Are either you or your partner an EU citizen?

Apologies for not clarifying this. Yes i am an EEA national but my parents are not.

Topic moved to the EEA EU sub forum and merged with your previous topic so members have the history.

The question of dependency is not dependent on mere giving of money.

The question is whether or not, having regards to their personal circumstances, they require the support of you and your wife in order for them to meet their essential needs.

In undertaking that assessment, regards must be had to the previous appeal determination, the fact that since then they moved to the UK, reside in your house hold and not working in the UK.

Probably it may be best to lodge an appeal.

Best wishes

Thank you Obie

Just a thought - Cant you apply under EU Settlement Scheme route where there is no requirement to prove dependency(it is assumed). And there hs been few success stories posted in this forum using this route?

I am no expert, so moderators please confirm

Hi,
I just tried that and it doesnt recognize the passport so its not possible. Today i appealed against the decision and will update you when i get a response.

Hello Frant, what nationality are you again?

Greek

Hi everyone,
My tribunal date is on the 26th of november and i am representing my self as the solicitor requested 2k pound. Do you have any points that i can raise or challenge as it will be my first time and i am not sure how i can put presure on the matter.

Regards,
Frants

noajthan wrote: ↑

Thu Jul 28, 2016 11:34 pm

The reasons for refusal of this FP clearly contravene EU law.

i am not satisfied that it is a dependency of necessity rather than choice. I am therefore not satisfied that you are an extended family member in accordance with regulation 7 of the immigration (European Economic Area) Regulations 2006.

You (your parents) only have to prove dependency as a matter of fact - the question of 'choice' is immaterial and is not a valid reason for refusal.

The 'official' has also made a schoolboy error in referring to this as an application by extended family members (Actually covered by Reg 8 ).
Your parents are in fact your direct family members to which EEA Regulation 7 applies.

Ref http://www.eearegulations.co.uk/Latest/ByPage/part1_7

See case law of Lim which you can use to help fight and overturn this injustice.

And see a fellow member's experience here:
http://www.immigrationboards.com/europe ... 10945.html
- notice similarities in the boilerplate text and reasons stated for refusal

If he is applying for the parents , wouldn't it be possible that he has to use the different form?

I believe I the OP used extended family member. Is that right?

I won that tribunal at that time since then my parents entered UK. The past year i have been applying for their residency card and they want me to prove dependency again since they entered UK. But i dont know how i can do that as my parents live with me, they have no right of work or open bank account until they get their residency card.

Regrads,
Frants

Dependency is dynamic and not static. The burden is on the appellant to demonstrate that his or her personal circumstances is characterised by the fact that material support is require by the EU national (or in the case of parents or children over the age of 21, the spouse of the EEA National), to enable them to meet their essential needs.

Thanks Obie for your reply.
I did contact home office requesting what type of evidence i can use to demostrate thats as bank transfers i cannot provide as they cannot open an account until they get their residence card also they have no right of work until then shouldnt that prove in a way that so far they have been dependant on me? Its hard to provide any other evidence as they live with me and all the necesities been covered by myself.
Regards

As far as I remember, it is enough to show that they are EITHER dependent on you OR are members of your household.
If they live with you, it is probably easier to prove that they are members of your household.
You can add them to electricity bill. They can get some official letters to your joint address. You can get witness statements (for example from your neighbours, or from services they used - like haircutting) that they live with you.
If they saw a doctor, statements from GP office or NHS letters.
Some health-club etc. correspondence? English courses at a local college? Driving license application?
Grocery checks showing food shopping of a size which is clearly intended to include them? (probably easier if it is just you plus them, no other family in the house)
I think they usually go easy on parents beyond retirement age, but if yours are below 60 there will be some fight.
If they are more then 60 you can add them to utility bill and then apply for free bus pass. That way you get documents sent to your joint address to city council.

Thats very helpful thanks.
Unfortunately they are under 60 hence i fought for 3 years previously until i won the tribunal and they were allowed to enter uk under family reunion visa last year. Thats why i was suprised when they refused the residency as they already acknowledged dependency and they have nowhere to go since they entered uk.
But i will definetely focus on the evidence you recommended and prepare a case or even after the tribunal make a fresh application.
Regards

Update.
Hi all,
Goods news today from the tribunal. The appeal was in my favor. I was suprised that the home office representative was very straightforward and also mentioned to the judge that they should had pay more regards to the first appeal which granted access to my parents in uk. It took just under 20 minutes and the judge told us that we will receive the outcome in 2 weeks but he can tell us now that its going to be in our favor.
Thanks all for you help.