EEA2 for my parents

[RAZAPY]

Hi All,

I am a naturalized Irish citizen who has lived in the UK for over 12 montsh at this stage. I am employed & all my paper work is in order.

My parents (both Pakistani nationals) have recently arrived here on visitor's visa & my mum wants to submit her EEA2 application & also include my father in the application. My mother is in her early 60s while my father is in his late 60s & both of them have been my dependants for the last 10 yrs (I can prove this with bit of struggle as most of the funds that I sent to them in the past were cash). It appears to me that they have got a good case but I wonder if

1. their arrival to UK on the visitor's visa may have a negative impact?
2. Is SET(F) category better suited to them?

Also, I am surprised to see the simplicity of the application form as they have hardly asked any serious questions. What would you advise me?

I will look forward to a reply from ye....

Kindest regards

Raza

[86ti]

I do not think that you having supported them in the past is of relevance. If you look into the definition of family members you'll see that parents must be dependent on the EEA national without any relation to time or space (contrast this to 'Extended family members'). All that you would need to do, I would think, is to show that they are dependent at the time of application possibly through an affidavit to legally bind you. How they have arrived in the UK doesn't matter.

I can't comment on SET(F).

[Obie]

Set F does not apply as you have yet to acquire Permanent Residence Certificate in the UK.

You will need to show evidence of financial support to them whiles they were in Pakistan, or else they will not qualify. Evidence of support from the country they are arriving is vital.

The visa they arrived with is irrelevant, according to Jia, but you will need to prove dependancy.

[RAZAPY]

Thanks to both of you for your reply.

Next question is what should I put in the affidavit that will legally bind me to be my parents' supporter? I am just looking for an idea as I will take care of the exact wording myself.

I have been supporting my parents over the last 10 years & I have my mum's bank account's statement that can show (to some extent) that the money was being sent to her. Thing is that lot of the times I carried the cash (to save on remittance costs) with me whenever I visited them. I am trying to get my past 10 years bank record sorted. I will know in few days what I will be able to do once I have the records.

One last question.... what's the 'comprehensive medical cover' bit about? What will fulfill this requirement for my parents?

Your help on this matter is very much appreciated.

Kind regards,

Raza

[giardaella]

There is no set way of proving your parents are dependent on you. There is a case which states that, while the statement from the EEA national does not have to be accepted as the conclusive proof, each case will be looked at independently.

The points which could help prove your point:

1) If your parents obtained the tourist visa and YOU were sponsoring them, this would at least indicate they did not have sufficient funds on their own at the time of the application;

2) If you show now that they are living with you, you state that you pay the bills etc, this indicates dependency;

3) Depending on the caseworker, they may not require financial info from Pakistan, however, they may do. If so, you will need to provide all sorts of info which would show that they are financially dependent on you. In the caseworker instructions there are certain examples of some other relatives in your country providing them with accommodation or living in the same household etc. who are providing for the parents;

4) It's obviously easier that your parents are in the UK at the time of the application, as by the time the decision has been made, the situation in Pakistan could deteriorate and your parents would factually depend on you, plus you will show that they are dependent on you at the time in the UK etc. hope you get the drift, they could try and waste your time, but eventually, even if you have to appeal the decision in the AIT, you should be able to succeed;

5) As regards comprehensive insurance query, you only need to consider it if you are not working or are not self-employed. In this case, you would need to have insurance both for yourself and all the family members (parents, in your case). Thus, if you are not working now, it would be cheaper for you to start working part-time (it still counts and exempts you and your family members from the insurance requirement), and thus avoid paying exorbitant insurance premiums.

Hope this helps