EEA2 Application for non EU Parents

[Ikonkar]

Dear Forum Members/ Experts,

Once again I need your help/advice for my parents EEA2 application.

Background:
Myself non eu national with EEA2 and working full time, wife & our son both EU national, and my wife is exercising her treaty rights by working full time.
Mum and dad here on Tourist visa expiring end of feb.
Mum has always been housewife (back home) dependent upon my dad.
Dad was working full time until Aug 2013 (before he got his tourist visa) after that he got retired and came to the UK in the 1st week of October 2013.
Me and my wife have been partially supporting them while they were back home, now since they are here we are supporting them regularly as they are staying/living with us and we pay for there daily needs.
Also not to forget my dad is receiving pension benefits back home but this is not sufficient for both of them survive on. secondly, we haven't got our own house either, so if they do go back they would need to rent a flat or home, and again pay up etc( they wont be able to support themselves solely depending on my dad's pension).
Me and my wife are only claiming child benefit which is around 80 pounds a month and tbh I'm not in much favour of claiming these either but hope it wont effect my parents application.

Now my questions:
1) We haven't got much if any proof of dependency when they were back home.
2) They've been totally dependent upon us since arriving in the UK.
3) They've got nothing to look forward to when or if they go back home as I'm the only son and my family is here.
4) I've got them registered with GP here in the UK and also opened up a Bank account in my dad's name; where we've been transferring monies from our account to show proof of dependency.
5) One most important thing my mum and dad has still got valid tourist visas of USA, Canada, Australia, Schenagan in there passports as when my DAD was employed they actually travelled a bit and never had any problems in getting visas. I was just thinking if UKBA has powers to approach relevant embassies and getting them to curtail there visas if they do decide to refuse the EEA2 application.

We'd like to apply for EEA2 next week and just thinking in terms of dependency proof we have at the moment. We are in catch 22 position as they are unable to return back home and I don't want them to be classed as overstayed or have any problems later on.

Appreciate your honest advise please.

God Bless

[Ikonkar]

Dear members I would appreciate any kind of advice please.
Thanks

[askmeplz82]

UKBA don't have any power to approach relevant embassies so don't worry on that one


An applicant may be considered under regulation 8 of the 2006 Regulations if s/he falls within any of the following conditions (see overleaf):

1. Was living as part of the EEA national's household in an EEA state before the EEA national came to the United Kingdom¹; or

2. Is living as part of the EEA national‟s household in the United Kingdom; or

3. Has joined the EEA national in the UK and continues to be dependent on the EEA national or his/her spouse (see section 2.3.2); or

4. Strictly requires personal care from the EEA national on serious health grounds; or

5. Can prove that s/he is in a durable relationship with the EEA national²

Note: there is no dependency test for persons who can show that they have lived under the same roof as
the EEA national before coming to the UK.


When deciding whether it is appropriate in all the circumstances to issue a residence card, we must assess whether refusing the family member would deter the EEA national from exercising his/her Treaty rights or would create an effective obstacle to exercise of Treaty rights. Each case must be assessed on an individual basis but an example of where it might be appropriate to issue a residence card would be if the family member was very elderly or incapacitated. In assessing such cases, it would be important to consider whether there were any relatives to care for him/her in the home country.


now here is the problem. because of his UK visit visa ( what documents he showed to get this ? anything like he is financially ok back home and why he will go back within 6 months ) and also they were partially dependent you may have long fight with UKBA

[Ikonkar]

(now here is the problem. because of his UK visit visa ( what documents he showed to get this ? anything like he is financially ok back home and why he will go back within 6 months ) and also they were partially dependent you may have long fight with UKBA)

Thanks askmeplz82 for your fruitful advice.

Regarding the above query you mentioned, he presented only bank statments with funds just over the ticket expenses for both of them in addition to this he showed that he's working. I believe because of my mum and dad's travel history and been to most of the countries did favor in getting UK visa. Also they've been visiting us since 2011. But this time the circumstances have changed and no longer be able to support themselves without our help. I hope you're getting my point. It's not dodging UKBA or claiming false dependency but due to longer employed things have/will change. I know without applying we wont know what exactly is running is caseworker's mind or most importantly how we actually present our case to UKBA.

Nervous... and thinking. Help please!!

Thanks

[Ikonkar]

Hi Guys,

I know it's not straightfroward and you're busy with your own things; but could really do with some more light on my parents case.

Any suggestions welcome.

Thanks

[Obie]

UKBA will need to ascertain why he is dependent on you.

How can you show a person who is well off, who travel to all these countries, is dependent on you to provide their essential need?

Don't they have a home, pension, savings? How did the obtain these visas. Did they inform the ECO that they have sufficient resources?

[Ikonkar]

Hi Obie,

Totally understand where you coming from i.e. how can you prove that he's travelled to all the other countries. he was always being sponsored by our cousins/friends and whilst he was working he travelled. He hasn't got much of savings which is next to none - we've got bank statements to prove that.

Initially when they applied for UK visit visa, they only showed the funds covering slightly over there ticket expenses, and I attached few documents from our end - that we'll support them etc etc.

So never actaully had any problems for obtaining any visas, however this is not much of my concern tbh.
What I'm really concerned about is proving the dependency since they've been here (OCT 2013), we've got handful statements showing we've been transffering monies into his UK bank account. Both of them are registered with the GP and ofcourse they are living and residing with us and totally dependent upon me and my wife.
I've only got 3 months proof of dependency since there arrival in the UK, so just thinking would that be enough? or shall we wait little longer say another 3-4 months and then apply? ( why I'm hesitant is becasue they'd be classed as overstayer as there visa expires in Feb).

Thanks