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Self Sufficient pensioner and exercising Treaty rights
Posted: Tue Jun 04, 2013 12:03 pm
by vini01
Hello Every one!!
What are the ways/ documents needed that a Self sufficient pensioner can use to demonstrate they are exercising Treaty rights in the UK?
Apart from:
Having health insurance a bank letter chowing sufficient funds as well as
A letter chowing they are in receipt of a pension
We can not find any other requirements
, can you help?
Thank you
Posted: Tue Jun 04, 2013 12:57 pm
by Lucapooka
Why do you think you need more than you have already indicated? Seems perfectly adequate. Have you applied for a residence permit and been refused?
Posted: Tue Jun 04, 2013 3:31 pm
by vini01
Hello Lucapooka
Its because i have been given different information from 2 different people and some of the information says that i might need some additional documentation.
i guess that from your reply i should ignore what i have been told and go by what is on the HO website.
No my application is yet to be submitted, i just want them all the information they need on time before my current stay expires.
Re: Self Sufficient pensioner and exercising Treaty rights
Posted: Tue Jun 04, 2013 3:35 pm
by sheraz7
vini01 wrote:Hello Every one!!
What are the ways/ documents needed that a Self sufficient pensioner can use to demonstrate they are exercising Treaty rights in the UK?
Apart from:
Having health insurance a bank letter chowing sufficient funds as well as
A letter chowing they are in receipt of a pension
We can not find any other requirements
, can you help?
Thank you
http://www.ukba.homeoffice.gov.uk/sitec ... cklist.pdf
Posted: Tue Jun 04, 2013 4:22 pm
by Obie
Where you working in the UK before you retired.
Posted: Tue Jun 04, 2013 5:13 pm
by vini01
Hello Obie
No my father was not working in the UK before retiring.
Posted: Tue Jun 04, 2013 5:15 pm
by vini01
Hello Sheraz7
I have all the documents listed in the link you forwarded me but was told by a volunteer legal advisor i need more and that some directives have changed... this is were the confusions is.
Posted: Tue Jun 04, 2013 7:14 pm
by Obie
Well, it is one thing for the pensioner to establish a right of residence, but when the pensioner has a dependant over 21, it is another thing altogether.
An assessment of dependancy will have to be establish to see whether the dependancy between you and your father is genuine.
Whether taking into account your circumstances, you are unable to provide your essential need without the support you receive from your father, whether your father is genuinely in the position of supporting you.
All the circumstance will be considered.
Posted: Tue Jun 04, 2013 11:33 pm
by vini01
Obie
thanks for your reply, we should heave no problem proving that i am dependant on him for my essential needs my pay sleeps clearly prove that as well as the bank transfers he has always made to me.
Posted: Tue Jun 04, 2013 11:41 pm
by Obie
You my well succeed if it is established that you are truely dependant, although UKBA are in the habit of treating Direct descentant over 21, as Extended family member in Regulation 8. Which is wrong in law.
The CJEU is currently dealing with a case on this issue from a Swedish court.
REYES