Do non-EEA dependants remain dependants FOREVER? Detailed Q!

[datuchi]

N.B. THIS APPLIES TO ALL TYPES OF EXTENDED DEPENDANT FAMILY MEMBERS AND NOT JUST THIS PARTICULAR CASE WITH PARENTS.


My wife's parents (non-EEA) are in the UK on the basis of being dependant extended family members (in the ascending line) of an EEA national (yours truly).

They were given that Residence Card for 5 years in 2008 as dependants.

A)

What would happen when the time comes to apply for PR.
Obviously from the country they are from (former Soviet Union block...) they depended on the financial support of their children based in Europe.

However, upon arrival here, they could get jobs, even earn more money than their "sponsor" kids, as there is not requirement for those dependants to be frail or disabled, but ONLY do be financially dependent on the EEA sponsor!

So, if they come to the UK as dependants and later earn money, technically they are not dependants anymore, and do not satisfy the requirements for being eligible to join EEA nationals as their family members in the ascending line? Surely, it's a good thing for them to be contributing to the tax system? And moreover, they wouldn't have the entitlement to work/ "business activity allowed" expressly stamped into their passports on the EEA2 cards. So, on what basis would they be qualifying persons? Clearly not dependants?



1) When applying for PR in 2013 (with God's grace- healthwise), what should they put down? Dependants of the EEA national in the ascending line? But there won't be any more proof that they are dependants as when the initial Residence Card was issued in 2008?

Or,

2) should they be put down... (not literally HAHAHA) on the application form of my wife as her dependants when my wife's time to apply for PR comes? She obtained her RC in 2006 and is eligible for PR in 2011?

But then again, what proof will she/us show that they are dependants? They won't be any more, as by then the parents would have become INDEPENDENT.

Moreover, they would not have been in the country for 5 yrs.

It is a bit confusing, as I remember reading somewhere that every single dependant must have resided in accordance with the Regulations for 5 years to become eligible for PR? But that cannot be right, as the whole point of including them in the EEA applications is to give them the same rights. Otherwise, they would be advised to apply in their own right on an application form.

B)

From what moment did they BECOME family members for the purposes of the Directive? Was it the same time as when I married their daughter in 2006? Or, was it when they first entered the UK in 2008?
Would the 5 yrs count from the latter for the PR purposes?

I'm... confused to say the least.

[kindley]

My wife's parents (non-EEA) are in the UK on the basis of being dependant extended family members (in the ascending line) of an EEA national (yours truly).

They were given that Residence Card for 5 years in 2008 as dependants.

A)

What would happen when the time comes to apply for PR.
Obviously from the country they are from (former Soviet Union block...) they depended on the financial support of their children based in Europe.

However, upon arrival here, they could get jobs, even earn more money than their "sponsor" kids, as there is not requirement for those dependants to be frail or disabled, but ONLY do be financially dependent on the EEA sponso.


So, if they come to the UK as dependants and later earn money, technically they are not dependants anymore, and do not satisfy the requirements for being eligible to join EEA nationals as their family members in the ascending line? Surely, it's a good thing for them to be contributing to the tax system? And moreover, they wouldn't have the entitlement to work/ "business activity allowed" expressly stamped into their passports on the EEA2 cards. So, on what basis would they be qualifying persons? Clearly not dependants?
1) When applying for PR in 2013 (with God's grace- healthwise), what should they put down? Dependants of the EEA national in the ascending line? But there won't be any more proof that they are dependants as when the initial Residence Card was issued in 2008?

Or,


2) should they be put down... (not literally HAHAHA) on the application form of my wife as her dependants when my wife's time to apply for PR comes? She obtained her RC in 2006 and is eligible for PR in 2011?

But then again, what proof will she/us show that they are dependants? They won't be any more, as by then the parents would have become INDEPENDENT.

Moreover, they would not have been in the country for 5 yrs.

It is a bit confusing, as I remember reading somewhere that every single dependant must have resided in accordance with the Regulations for 5 years to become eligible for PR? But that cannot be right, as the whole point of including them in the EEA applications is to give them the same rights. Otherwise, they would be advised to apply in their own right on an application form.

B)

From what moment did they BECOME family members for the purposes of the Directive? Was it the same time as when I married their daughter in 2006? Or, was it when they first entered the UK in 2008?
Would the 5 yrs count from the latter for the PR purposes?


My understanding of that is they get their PR automatically after 5 years- they have to wait for five years even if your wife becomes a PR before them.

Please seek further opinion.
I'm... confused to say the least.

[datuchi]

Kindley, thank you for the disguised reply :))) Next time, make sure you write your answer outside the quote marks, and preferably not inside my question. Thanks again mate! Happy New Year!!!!!

[kindley]

Kindley, thank you for the disguised reply )) Next time, make sure you write your answer outside the quote marks, and preferably not inside my question. Thanks again mate! Happy New Year!!!!!

Thanks for your understanding. I'm using a mobile phone and I in fact realised that before your reply but it keeps jumping and knocking off the internet.

Happy New year to you. Have a good one.