ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Dear Everyone, I am not married partner of EU national and have visa for 5 years which is expiring in November 2021.

I would like to apply for EEA permit for my mother ( 6 months permit ) on the grounds she is my mother.
Most important is dependency :
Do i have to prove that she has been dependent on me ? for many years? We plan to apply before 31 June 2021.
Do we have to provide evidence of dependency ?
Home Office guidelines are:

Their dependency on the relevant EEA citizen (or qualifying British citizen) or on the spouse or civil partner is assumed and the applicant is not required to provide evidence of this.

Good samaritans , can someone help me>>>>>? Please

Guys, please , is there someone here? Could you please let me know

I'm afraid if you are not married to or in a civil partnership with your EU sponsor then your mother is not their family member and not eligible to apply (even though you are).

I live with my partner and want to get married with her))! Together we have 2 children! Can she be dependent on my sponsor then?


Could we still qualify ?

Thanks

Youngbeard wrote: ↑

Tue Jun 01, 2021 1:50 am

I live with my partner and want to get married with her))! Together we have 2 children! Can she be dependent on my sponsor then?


Could we still qualify ?

Thanks

Read what I said above. Your mother is not the family member of a EU national (your spouse) therefore they cannot sponsor them. Your spouse cannot sponsor someone who is not their family member.

I did not say anything about you not being able to sponsor your mother, although that is also not possible, since you are not a EU citizen yourself.

Just to clarify: whenI say "spouse" I actually mean your partner, and I realise that is probably not the best choice of words since "spouse" implies marriage.

Bottomline is: Because you are not married your mother is not your partner's family member, hence why your partner cannot sponsor her.

If you were married, then yes, your mother would be your spouse family member (mother in law) and your spouse could sponsor your mother, but alas that is not the case, I'm afraid.

I thought it is equally recognised in the western world including the UK? Unmarried Partners ? As long as you can prove it.

Evidence if you’re an unmarried partner
If you’re an unmarried partner you’ll need to provide evidence that you were in your long-term relationship by 31 December 2020

This usually means showing that you had been living together for 2 years. Evidence could include:

bank statements, utility bills or official correspondence that shows you and your partner at the same address
documents showing joint finances, like a tax return
birth certificates or custody agreements showing that you shared responsibility for children while living together
You’ll also need to provide evidence that:

you’re still together when you apply
if you were resident in the UK before 1 January 2021, evidence that you were legally resident during that time

Youngbeard wrote: ↑

Wed Jun 02, 2021 4:38 am

I thought it is equally recognised in the western world including the UK? Unmarried Partners ? As long as you can prove it.

Evidence if you’re an unmarried partner
If you’re an unmarried partner you’ll need to provide evidence that you were in your long-term relationship by 31 December 2020

This usually means showing that you had been living together for 2 years. Evidence could include:

bank statements, utility bills or official correspondence that shows you and your partner at the same address
documents showing joint finances, like a tax return
birth certificates or custody agreements showing that you shared responsibility for children while living together
You’ll also need to provide evidence that:

you’re still together when you apply
if you were resident in the UK before 1 January 2021, evidence that you were legally resident during that time

It's recognized for the unmarried partner, as they are partners of the EU national. So you are eligible to apply as unmarried partner.

It is not recognized for the parent of the unmarried partner as they are not parents in law of the EU national. So your parents are not eligible to apply as there is no legal figure for "unmarried parents in law".

Kamoe, thanks for your reply.

What about that?


The following can be considered as direct family members:
• spouse or civil partner of an EEA national
• direct descendants of the EEA national, or of their spouse or civil partner, who
are either:
o under the age of 21
o dependent upon the EEA national or their spouse or civil partner



• dependent direct relatives in the ascending line of the EEA national or their
spouse or civil partner
Top

Youngbeard wrote: ↑

Wed Jun 02, 2021 4:48 am

The following can be considered as direct family members:
• spouse or civil partner of an EEA national
• direct descendants of the EEA national, or of their spouse or civil partner, who
are either:
o under the age of 21
o dependent upon the EEA national or their spouse or civil partner



• dependent direct relatives in the ascending line of the EEA national or their
spouse or civil partner

Precisely.

None of the above mentions unmarried partners.
You might be confusing unmarried partner with civil partner. Not the same thing.

Maybe I am confused.

So if I live with my partner and 2 children together I cant form Civil partnership?

I see. Then I can not apply for my mother's permit as I am not in Civil Partnership?

Youngbeard wrote: ↑

Wed Jun 02, 2021 4:59 am

Maybe I am confused.

So if I live with my partner and 2 children together I cant form Civil partnership?

A civil partnership is formed through a legal ceremony in front of an appropriate authority, e.g. a registrar. The process to form a civil partnership is not very different from the process of getting married. It's a legal and registered act.

I hope you can see that simply cohabiting together for many years, even with children, is not the same as "forming a civil partnership".

You are of course free to get married or form a civil partnership any time you want, but you need to go through the legal procedure. Before that you cannot call yourself civil partners.

Youngbeard wrote: ↑

Wed Jun 02, 2021 5:03 am

I see. Then I can not apply for my mother's permit as I am not in Civil Partnership?

Correct. And I'm afraid it's too late for her now even if you got married or formed a civil partnership tomorrow, since for her to be eligible their relationship to your partner (their being their parents in law) must have started before December 31st 2020.

What if we get married in the Church of England tomorrow?

The relationship started long long time ago! That can be proved by having children and pictures from holidays and Whats app messages . We can get married in Church of England?

Youngbeard wrote: ↑

Wed Jun 02, 2021 5:16 am

The relationship started long long time ago! That can be proved by having children and pictures from holidays and Whats app messages . We can get married in Church of England?

Your own relationship to your partner exists long ago, and that's why you are eligible yourself.

The legal relationship of "parent in law" between your mother and your partner does not yet exist. That's the whole point.

Getting married tomorrow through any faith or at any venue won't turn back time.

So that the important part of it? The legal relationship exists when you are married from that point?


Your family relationship must have started by 31 December 2020.

I mean the wording relationship has to start before then. Do you register every relationship every time you start it?

The actual wording has it. Relationship must have started then?

Don't you think so.... Kamoe

Or there is a legal description of relationship between the people? Thanks

Is it really important for such relationship to " EXIST " before the end of DECEMBER 2020? Can Please please please someone tell me?

You are mixing up two different things:

1. How an unmarried partner becomes eligible for the EU Settlement Scheme. Relevant date is a bit of a grey area, but usually whenever you can prove the relationship became durable. For the old EEA route this was the date the EEA card was issued, for the EU Settlement Scheme seems to be more relaxed, usually after two years of proven cohabitation and joint financial commitments.

2. How a parent in law becomes eligible for the Settlement Scheme. Relevant date is date of legal ceremony, either marriage or civil partnership.

Bottom line is you need to separate your own eligibility from your mother's eligibility. I know it's counter intuitive but that's how it is.

You can see this yourself: unmarried partners are included in the list of eligible family members but relatives of unmarried partners are not included, only relatives of married spouses or civil partners are included. This means for parents in law, no legal ceremony = no eligibility.

I have commented all I can on the matter.

Youngbeard wrote: ↑

Wed Jun 02, 2021 5:44 am

Is it really important for such relationship to " EXIST " before the end of DECEMBER 2020? Can Please please please someone tell me?

After looking a bit more deeply, I need to correct some things. I'm afraid the below comment might or might not help your case, but I need to make it for the sake of correctness.

kamoe wrote: ↑

Wed Jun 02, 2021 5:25 am

Getting married tomorrow through any faith or at any venue won't turn back time.

While getting married won't turn back time, in some cases it might open an avenue for applying, since once married, what counts is the date of the relationship becoming durable. Harder to prove than a marriage certificate, but still possible.

I say this, according to the definition of dependent parent, and family member of EEA citizen, where it says spouse or civil partner can be:

(a) the spouse or civil partner of a relevant EEA citizen, and:
(i) the marriage was contracted or the civil partnership was formed before the specified date; or
(ii) the applicant was the durable partner of the relevant EEA citizen before the specified date (the definition of ‘durable partner’ in this table being met before that date rather than at the date of application), and the partnership remained durable at the specified date; or

So getting married now while proving durable relationship since before December 31st 2020 will make ones' parents eligible. However, this won't work:

a. If one is not married/does not get married or forms a civil partnership
b. If one cannot prove durable relationship before December 31st 2020

So I'm afraid that given you are a foreign national, and that the deadline for applying without having to prove dependency is June 30th 2021, this does not seem a viable option, since one needs to give notice of marriage before being able to book a ceremony, and for foreign nationals this needs to be done at least 70 days before the ceremony takes place (Getting married on short notice is not an option for foreign nationals, whatever faith or church, or non-religious procedure).

There might be an avenue if you get married, if you are in a position to prove your mother's dependency while applying post July 2021.

I do want to stress is just my interpretation as per the definitions provided above. Anyone with a different view is more than welcome to comment.