Dependents on EEA permits no longer need to demonstrate dependency

[Obie]

Dependency assumed for parents with EU Settlement Scheme family permits

I have always doubted the logic of the Home Office, demanding dependent Family members who secured Family permit, to demonstrate again that they are dependent in order to secure Pre Settled status. The Uppper has finally addressed this issue, and the Home Office will no longer be requiring this.

[sal911]

What about when applying for settled status, will that be assumed?

[Khanz9211]

It is very important point. I am an extended family member of EU national and I am going to apply for settled status next month. A bit worried for the dependency point as according to immigration advisor, I will require to demonstrate dependency by showing some money transfers into my account from my sponsor. this makes my application more complex.

I will appreciate if someone can explain this point.

[Casa]

In the post by my fellow moderator, Obie suggests that this applies only to dependent parents, not extended family members.

[euspouse07]

It is very important point. I am an extended family member of EU national and I am going to apply for settled status next month. A bit worried for the dependency point as according to immigration advisor, I will require to demonstrate dependency by showing some money transfers into my account from my sponsor. this makes my application more complex.

I will appreciate if someone can explain this point.

Have you made the application ?
In the recent guidance by the home office , states very clearly that “extended family members “ are not required to be the dependents for the rest of time till they get their settled status. Although I would like to see if they have a different approach when it comes to practicality

[hrak1978]

Morning all,

I came back to this gigantic place after ages, been busy a lot.

Respected Obie and Casa both are encyclopedia for me as I got my Settled status back in 2019 because of them.

Just addition to the advise.

I was direct family member aged above 35. But I have to provide 60 bank statements (5 years record) to show money transfer from my dad's account to my account even the amount was once £1. I read the guideline back in time and was given some advice as well always transfer money even if it is £1 to cover the clause named as 'ESSENTIAL NEEDS' and even HO adviser phoned to ask that I should sent her 5 years worth of bank statements and in each statement transaction should be there even if it is £1.

So answer to 'Khanz9211' question, yes you need to demonstrate the transaction between you and your EU sponsor.

Thank you and good luck.

[euspouse07]

Family members who hold pre-settled status based on
dependency
Rule EU4 of Appendix EU provides, in part, that where a person has been granted
pre-settled status (limited leave to enter or remain under Appendix EU) as a child,
dependent parent or dependent relative, they do not need to continue to meet the
eligibility requirements for that leave which they met at the date of application where
these related to their dependency, in order to retain their leave and remain eligible in
due course for settled status (indefinite leave to enter or remain), where they apply
on the basis of the same family relationship.
For example, where a person has been granted pre-settled status on the basis of
being a dependent parent of a relevant EEA citizen, they will not lose this status
solely because they cease to be dependent on the relevant EEA citizen, and they will
remain eligible in due course for indefinite leave to enter or remain as a dependent
parent of that relevant EEA citizen, where they apply on the basis of the same family
relationship.

Above is the extracts from the guidanve version 21.0 published by the home office for the case workers.
It is contracdictory to what you had faced.Kindly share your timeline.thanks

[Khanz8211]

Hi

Just want to post an update here. I wanted to post earlier but due to my account login issue, I couldn't post on time.

We (two brothers) applied for settled status as an extended family member on 17 Nov 2023. My brother was granted settled status within 2 weeks but in my case, HO requested extra information to demonstrate dependency on EU national. I had already provided these evidences when I first applied for pre settled status. I provided the same evidences along with additional utility bills as an evidence for member of household. These were accepted, and received my settled status a week ago.

So, the point is that HO is still asking for dependency evidences and one should not overlook this point.

[euspouse07]

Kindly advise us what documentary evidence you submitted in order to prove the dependency.
What was the scale of your dependency ?
Were you fully dependent for the whole period of 5 years ?
Kindly shed some light on this .
Thanks

[vinny]

The UKVI is appealing and some caseworkers are apparently already jumping the gun and disregarding this judgment.

[Obie]

What exactly are they appealing.

[Amber]

The case has recently been heard by the Court of Appeal - https://www.judiciary.uk/live-hearings/ ... appellant/