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Hi. I am a French National with PR. (Arrived in 2010). My husband is a South African national who came with me on an EEA FP. He now has permanent residence too. We want to bring his mother to the UK on an EEA FP. We applied but she was rejected. Reason given was i did not give proof of self employment (my fault - I thought my permanemt residence doc would be enough. Will send more proof in next attempt). Second reason was lack of proof of dependence. She is currently living alone is South Africa as her husband passed away in Decemberish. They were (she is) living in an old age home and being financially supported by her USA based brother.

The guidance on the gov website says that there does not need to be dependence prior to her coming here. (Clearly, there does - Had we realised, we would have routed payments through us.) But other sources say there does need to be dependence.

She is obviously devastated and we want to reapply without delay (we also dont want to appeal cos it takes ages). Other than sending her money weekly for a few months, is there an efficient and speedy way of resolving this. Would a letter explaining that we are taking over her financial support upon arrival make any difference?

She is 75 and all alone (daughters live in New Zealand).

Any ideas?

Grammarella wrote: ↑

Thu Apr 11, 2019 11:40 pm

Hi. I am a French National with PR. (Arrived in 2010). My husband is a South African national who came with me on an EEA FP. He now has permanent residence too.

Silly question, but can you confirm you have a document certifying PR and not just the QP document? Asking as they both look virtually the same blue cardboard, the only difference is the wording.

We want to bring his mother to the UK on an EEA FP. We applied but she was rejected. Reason given was i did not give proof of self employment (my fault - I thought my permanemt residence doc would be enough.

This is strange, as your PR should have been enugh. It is clearly stated that the EU sponsor whould either be a qualified person OR have PR: https://www.gov.uk/family-permit/eea-family-permit (under Eligibility)

If they’ve been in the UK for more than 3 months they must either:

be a ‘qualified person’ (working, looking for work, self-employed, studying or self-sufficient)
have a permanent residence document - sometimes called a ‘document certifying permanent residence’

Now:

Second reason was lack of proof of dependence.

I think this is the valid reason for refusal.

She is currently living alone is South Africa as her husband passed away in Decemberish. They were (she is) living in an old age home and being financially supported by her USA based brother.

Then she's not dependent on you or your husband, and as such, strictly speaking, she's not eligible for a FP.

The guidance on the gov website says that there does not need to be dependence prior to her coming here. (Clearly, there does -

It does, here: https://www.gov.uk/family-permit/eea-family-permit (under Documents you must provide)

proof of your dependency if you’re dependent on your EEA family member

Now:

Had we realised, we would have routed payments through us.)

Please note this constitutes a lie to the Home Office, as it is an attempt to make it look like your mother in law is dependent on you, when she isn't. As per this forum's guidelines no one here can advise or encourage you to do this.

She is obviously devastated and we want to reapply without delay (we also dont want to appeal cos it takes ages). Other than sending her money weekly for a few months, is there an efficient and speedy way of resolving this. Would a letter explaining that we are taking over her financial support upon arrival make any difference?

She is 75 and all alone (daughters live in New Zealand).

Any ideas?

If you genuinely take over her financial support, it's probably not unwise to execute this in a way you can prove it, and yes, adding a cover letter explaining the new arrangement.