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Dependent parent/ request for evidence of dependency .
Posted: Thu Mar 31, 2022 2:12 pm
by New on forum
Dear Forum members ,
My mother arrived in uK with Euss family permit as dependent parent in law issued on an application submitted on 29 June 2021( dependency assumed )
My father already holds pre settled status as dependent parent in law since august 2021.
We applied for pre settled status and today caseworker asked for evidence of dependency.
I uploaded a letter in response referring to the Euss caseworker guidance pointing out the relevant page 124 and also the fact that husband of the applicant already holds Lee settled status.
But a few minutes later caseworker Camden's back asking for same thing below is the extract ,
Thank you for your email sent in response to our request that you provide us with evidence of your clients dependency upon his EEA sponsor.
As you have mentioned in that letter, a requirement is now in force for applications submitted on or after 1 July 2021 to provide evidence of their dependency upon their EEA sponsor when applying as a dependent parent i.e. dependency can no longer be assumed for applications received on or after this date. However, as highlighted in your letter, this requirement does not need to be met where the applicant was previously granted limited leave to enter or remain under this Appendix as a dependent parent, and that leave has not lapsed or been cancelled, curtailed or invalidated.
However, your Family Permit is a grant of leave given under ‘Appendix EU (Family Permits)’. As Appendix EU requires the applicant to have been previously granted leave under its own Appendix i.e. Appendix EU, your client is not captured by this particular regulation. Therefore, evidence of your dependency is to be provided in order to progress this application.
Am I missing something or the home office caseworker is in need of some more training ?
Thanks in advance guys and please respond if you can it's very important for my family .
Regards
Re: Dependent parent/ request for evidence of dependency .
Posted: Tue Apr 26, 2022 4:57 pm
by Rai1988
My understanding is that Dependancy is to be assumed!!
The word ‘assumed’ suggests that as long as the family relationship is accepted between the EEA citizen and their parent, that there is no need to provide any further evidence to demonstrate dependency.
Correct??
Re: Dependent parent/ request for evidence of dependency .
Posted: Tue Apr 26, 2022 5:25 pm
by Rai1988
New on forum wrote: ↑Thu Mar 31, 2022 2:12 pm
Dear Forum members ,
My mother arrived in uK with Euss family permit as dependent parent in law issued on an application submitted on 29 June 2021( dependency assumed )
My father already holds pre settled status as dependent parent in law since august 2021.
We applied for pre settled status and today caseworker asked for evidence of dependency.
I uploaded a letter in response referring to the Euss caseworker guidance pointing out the relevant page 124 and also the fact that husband of the applicant already holds Lee settled status.
But a few minutes later caseworker Camden's back asking for same thing below is the extract ,
Thank you for your email sent in response to our request that you provide us with evidence of your clients dependency upon his EEA sponsor.
As you have mentioned in that letter, a requirement is now in force for applications submitted on or after 1 July 2021 to provide evidence of their dependency upon their EEA sponsor when applying as a dependent parent i.e. dependency can no longer be assumed for applications received on or after this date. However, as highlighted in your letter, this requirement does not need to be met where the applicant was previously granted limited leave to enter or remain under this Appendix as a dependent parent, and that leave has not lapsed or been cancelled, curtailed or invalidated.
However, your Family Permit is a grant of leave given under ‘Appendix EU (Family Permits)’. As Appendix EU requires the applicant to have been previously granted leave under its own Appendix i.e. Appendix EU, your client is not captured by this particular regulation. Therefore, evidence of your dependency is to be provided in order to progress this application.
Am I missing something or the home office caseworker is in need of some more training ?
Thanks in advance guys and please respond if you can it's very important for my family .
Regards
So, what Case worker is saying here that
Your mother was granted limited leave to enter or remain under this Appendix as a dependent parent and in
your pre-settles application, the Family Permit is a grant of leave given under ‘Appendix EU (Family Permits)’. As Appendix EU requires the applicant to have been previously granted leave under its own and not under it’s own!!
I think CW seems confused!!
Re: Dependent parent/ request for evidence of dependency .
Posted: Tue Apr 26, 2022 5:25 pm
by Rai1988
New on forum wrote: ↑Thu Mar 31, 2022 2:12 pm
Dear Forum members ,
My mother arrived in uK with Euss family permit as dependent parent in law issued on an application submitted on 29 June 2021( dependency assumed )
My father already holds pre settled status as dependent parent in law since august 2021.
We applied for pre settled status and today caseworker asked for evidence of dependency.
I uploaded a letter in response referring to the Euss caseworker guidance pointing out the relevant page 124 and also the fact that husband of the applicant already holds Lee settled status.
But a few minutes later caseworker Camden's back asking for same thing below is the extract ,
Thank you for your email sent in response to our request that you provide us with evidence of your clients dependency upon his EEA sponsor.
As you have mentioned in that letter, a requirement is now in force for applications submitted on or after 1 July 2021 to provide evidence of their dependency upon their EEA sponsor when applying as a dependent parent i.e. dependency can no longer be assumed for applications received on or after this date. However, as highlighted in your letter, this requirement does not need to be met where the applicant was previously granted limited leave to enter or remain under this Appendix as a dependent parent, and that leave has not lapsed or been cancelled, curtailed or invalidated.
However, your Family Permit is a grant of leave given under ‘Appendix EU (Family Permits)’. As Appendix EU requires the applicant to have been previously granted leave under its own Appendix i.e. Appendix EU, your client is not captured by this particular regulation. Therefore, evidence of your dependency is to be provided in order to progress this application.
Am I missing something or the home office caseworker is in need of some more training ?
Thanks in advance guys and please respond if you can it's very important for my family .
Regards
So, what Case worker is saying here that
Your mother was granted limited leave to enter or remain under this Appendix as a dependent parent and in
your pre-settles application, the Family Permit is a grant of leave given under ‘Appendix EU (Family Permits)’. As Appendix EU requires the applicant to have been previously granted leave under its own and not under it’s own!!
I think CW seems confused!!
Re: Dependent parent/ request for evidence of dependency .
Posted: Wed Apr 27, 2022 1:16 am
by vinny
I think ‘
under this Appendix’ refers to Appendix
EU.
Appendix EU differs from Appendix
EU (Family Permit).
Re: Dependent parent/ request for evidence of dependency .
Posted: Wed Apr 27, 2022 9:59 am
by JB007
Rai1988 wrote: ↑Tue Apr 26, 2022 4:57 pm
My understanding is that Dependancy is to be assumed!!
The word ‘assumed’ suggests that as long as the family relationship is accepted between the EEA citizen and their parent, that there is no need to provide any further evidence to demonstrate dependency.
Correct??
Dependancy assumed, means that it is assumed (taken for granted) that the applicant is dependant on their sponsor.
Just send them that evidence
Re: Dependent parent/ request for evidence of dependency .
Posted: Wed Apr 27, 2022 10:25 am
by New on forum
Thank you every one for your response .
Pre settled status was granted finally.
Re: Dependent parent/ request for evidence of dependency .
Posted: Wed Apr 27, 2022 10:30 am
by New on forum
Vinny sir please while we have your attention on this post could you please shed some light on whether dependent parents have an option of retention of rights ? And also if a mere separation but no divorce is a problem for future ILR application?
I have read the guidance but it was too hard for me to interpret .
Thank you in advance.
Re: Dependent parent/ request for evidence of dependency .
Posted: Fri Apr 29, 2022 12:39 pm
by kamoe
JB007 wrote: ↑Wed Apr 27, 2022 9:59 am
Rai1988 wrote: ↑Tue Apr 26, 2022 4:57 pm
My understanding is that Dependancy is to be assumed!!
The word ‘assumed’ suggests that as long as the family relationship is accepted between the EEA citizen and their parent, that there is no need to provide any further evidence to demonstrate dependency.
Correct??
Dependancy assumed, means that it is assumed (taken for granted) that the applicant is dependant on their sponsor.
Just send them that evidence
Please note you are not replying to the OP. The member you are replying to has made it clear in other posts that they are still banking on dependency of parents being assumed, which is incorrect. If applied after June 30th 2021 dependency of parents is no longer assumed and needs to be proven.
As for the OP, they applied before June 30th 2021, so in the end that wasn't an issue for them.
Re: Dependent parent/ request for evidence of dependency .
Posted: Fri Apr 29, 2022 1:36 pm
by JB007
kamoe wrote: ↑Fri Apr 29, 2022 12:39 pm
JB007 wrote: ↑Wed Apr 27, 2022 9:59 am
Rai1988 wrote: ↑Tue Apr 26, 2022 4:57 pm
My understanding is that Dependancy is to be assumed!!
The word ‘assumed’ suggests that as long as the family relationship is accepted between the EEA citizen and their parent, that there is no need to provide any further evidence to demonstrate dependency.
Correct??
Dependancy assumed, means that it is assumed (taken for granted) that the applicant is dependant on their sponsor.
Just send them that evidence
Please note you are not replying to the OP. The member you are replying to has made it clear in other posts that they are still banking on dependency of parents being assumed, which is incorrect. If applied after June 30th 2021 dependency of parents is no longer assumed and needs to be proven.
As for the OP, they applied before June 30th 2021, so in the end that wasn't an issue for them.
I cleary quoted who I was relying to to avoid any misunderstanding. I was not replyng the OP.
There is an issue over dependancy and UKCEN have a board on this. Although UKCEN closes today as their funding has ended and Brexit is history, the posts can still be read
Re: Dependent parent/ request for evidence of dependency .
Posted: Fri Apr 29, 2022 9:13 pm
by kamoe
JB007 wrote: ↑Fri Apr 29, 2022 1:36 pm
I cleary quoted who I was relying to to avoid any misunderstanding. I was not replyng the OP.
Quoting someone doesn't guarantee you are aware they are the OP or not. With so many post hijackers, I've seen this confusion happen very often here. Plus, you didn't correct their mistake (dependency of parents is no longer assumed, that's a fact) but rather encouraged them to prove relationship. That would make sense in the case of the OP, but not for the hijacker, hence why I found your answer misleading.
There is an issue over dependancy and UKCEN have a board on this. Although UKCEN closes today as their funding has ended and Brexit is history, the posts can still be read
As far as I know, dependency of parents is no longer assumed after June 30th 2021, there's a wealth of posts referencing this widely acknowledged fact. If you know any different, then please share your source more explicitly with a link. Thanks.
Re: Dependent parent/ request for evidence of dependency .
Posted: Sat Apr 30, 2022 6:36 pm
by JB007
kamoe wrote: ↑Fri Apr 29, 2022 9:13 pm
Quoting someone doesn't guarantee you are aware they are the OP or not.
We have already established that I was aware who they were!!!
kamoe wrote: ↑Fri Apr 29, 2022 9:13 pm
As far as I know, dependency of parents is no longer assumed after June 30th 2021, there's a wealth of posts referencing this widely acknowledged fact. If you know any different, then please share your source more explicitly with a link. Thanks.
JB007 wrote: ↑Fri Apr 29, 2022 1:36 pm
There is an issue over dependancy and UKCEN have a board on this. Although UKCEN closes today as their funding has ended and Brexit is history, the posts can still be read
Re: Dependent parent/ request for evidence of dependency .
Posted: Sun May 01, 2022 8:37 pm
by kamoe
JB007 wrote: ↑Wed Apr 27, 2022 9:59 am
Rai1988 wrote: ↑Tue Apr 26, 2022 4:57 pm
My understanding is that Dependancy is to be assumed!!
The word ‘assumed’ suggests that as long as the family relationship is accepted between the EEA citizen and their parent, that there is no need to provide any further evidence to demonstrate dependency.
Correct??
Dependancy assumed, means that it is assumed (taken for granted) that the applicant is dependant on their sponsor.
Just send them that evidence
Yes, but if you were aware you weren't replying to the OP, why on Earth did you gave the above advice? Rai1988's relatives did not apply before the deadline for dependency assumption. That's the situation of the OP, not necessarily Rai's (judging by their other posts, looks like it isn't). Anyone would naturally interpret you got confused, that's all I'm trying to say.
Re: Dependent parent/ request for evidence of dependency .
Posted: Sun May 01, 2022 8:47 pm
by kamoe
JB007 wrote: ↑Sat Apr 30, 2022 6:36 pm
kamoe wrote: ↑Fri Apr 29, 2022 9:13 pm
Quoting someone doesn't guarantee you are aware they are the OP or not.
We have already established that I was aware who they were!!!
kamoe wrote: ↑Fri Apr 29, 2022 9:13 pm
As far as I know, dependency of parents is no longer assumed after June 30th 2021, there's a wealth of posts referencing this widely acknowledged fact. If you know any different, then please share your source more explicitly with a link. Thanks.
JB007 wrote: ↑Fri Apr 29, 2022 1:36 pm
There is an issue over dependancy and UKCEN have a board on this. Although UKCEN closes today as their funding has ended and Brexit is history, the posts can still be read
And to really wrap this up, for anyone interested:
What JB007 is hinting at is that even for parents who applied and got a family permit before the deadline for assumption, there is still an issue of inconsistent outcomes for pre settled status, with some people having their application for status refused, some approved after sending evidence of dependency, some approved straight away. Seems like a complicated and worrying issue. All background and advice from UKCEN is here:
https://www.forum.ukcen.com/forum/settl ... -june-2021
The more reason to stress that
dependency of parents is no longer assumed!!!
Re: Dependent parent/ request for evidence of dependency .
Posted: Sun May 01, 2022 9:40 pm
by kamoe
kamoe wrote: ↑Sun May 01, 2022 8:37 pm
JB007 wrote: ↑Wed Apr 27, 2022 9:59 am
Rai1988 wrote: ↑Tue Apr 26, 2022 4:57 pm
My understanding is that Dependancy is to be assumed!!
The word ‘assumed’ suggests that as long as the family relationship is accepted between the EEA citizen and their parent, that there is no need to provide any further evidence to demonstrate dependency.
Correct??
Dependancy assumed, means that it is assumed (taken for granted) that the applicant is dependant on their sponsor.
Just send them that evidence
Yes, but if you were aware you weren't replying to the OP, why on Earth did you gave the above advice? Rai1988's relatives did not apply before the deadline for dependency assumption. That's the situation of the OP, not necessarily Rai's (judging by their other posts, looks like it isn't). Anyone would naturally interpret you got confused, that's all I'm trying to say.
Riiiiiiiiiiight.... It took me six times to get the meaning of your post. Thing is, you can interpret what you are saying in two ways:
1. Dependency is assumed, therefore no need to prove. Just provide evidence of your family relationship.
2. Dependency being assumed still means that the dependency exists, therefore you should have evidence of that dependency. Provide that evidence.
Again, five out of six times that I read your message I interpreted your answer to mean no. 1 above. I was trying my eyes out to comprehend your rationale. Now I see you actually meant no. 2. Pfffffff. Sorry about that.
Took the time to clarify in case anyone was having the same confusion.
Re: Dependent parent/ request for evidence of dependency .
Posted: Sun May 01, 2022 10:45 pm
by Obie
This is an important point Vinny. EU settlement family permit is not leave to remain, but when a person enters the UK with it, it is leave to enter under Appendix EU.
So far I have been reluctantly complying with their request for documents, but it will reach a point, where i will stop doing so.. Let it go to the tribunal.
The treaty provides that those who have been granted leave, should not be asked to prove dependency again.. But UK always seem to make things difficult for immigrant.
I am not sure what is wrong with these people that runs this country.
Re: Dependent parent/ request for evidence of dependency .
Posted: Mon May 02, 2022 12:46 pm
by JB007
kamoe wrote: ↑Sun May 01, 2022 9:40 pm
kamoe wrote: ↑Sun May 01, 2022 8:37 pm
JB007 wrote: ↑Wed Apr 27, 2022 9:59 am
Rai1988 wrote: ↑Tue Apr 26, 2022 4:57 pm
My understanding is that Dependancy is to be assumed!!
The word ‘assumed’ suggests that as long as the family relationship is accepted between the EEA citizen and their parent, that there is no need to provide any further evidence to demonstrate dependency.
Correct??
Dependancy assumed, means that it is assumed (taken for granted) that the applicant is dependant on their sponsor.
Just send them that evidence
Yes, but if you were aware you weren't replying to the OP, why on Earth did you gave the above advice? Rai1988's relatives did not apply before the deadline for dependency assumption. That's the situation of the OP, not necessarily Rai's (judging by their other posts, looks like it isn't). Anyone would naturally interpret you got confused, that's all I'm trying to say.
Riiiiiiiiiiight.... It took me six times to get the meaning of your post. Thing is, you can interpret what you are saying in two ways:
1. Dependency is assumed, therefore no need to prove. Just provide evidence of your family relationship.
2. Dependency being assumed still means that the dependency exists, therefore you should have evidence of that dependency. Provide that evidence.
Again, five out of six times that I read your message I interpreted your answer to mean no. 1 above. I was trying my eyes out to comprehend your rationale. Now I see you actually meant no. 2. Pfffffff. Sorry about that.
Took the time to clarify in case anyone was having the same confusion.
When you are stuck in a hole, stop digging.