Dependent Parents in the UK, EEA with PR left but supports!

[mcovet]

Hi, just a quick scenario for those knowledgeable with the EC law.

- An EEA national with PR left the UK to go back to their country of residence.

- Her parents-in-law were issued Residence Cards on the basis of being dependent family members of that EEA national's spouse (basically EEA is married to their son) and lived in the UK from January 2008- January 2012. During the period they were considered BOTH dependents in the ascending line and also extended family members living in the same household;

- from January 2012 the parents-in-law moved out to live with their second son who is on benefits so they just live with him but he does not support them;

- since the parents moved out of the EEA national's household, the EEA national has been regularly (every month, sometimes twice a month) been depositing money into parents' bank account in order to support them financially;

- in June 2012 the EEA national (with PR confirmation, having lived in the UK and worked for over continuous 5 years) and her husband went back to Eastern Europe (her homeland) but still keep transferring money to the parents, to support them.

QUESTION:
According to the Directive 2004/38 and the Immigration (EEA) Regulations 2006, the parents should qualify for PR in January 2013. The problem here is that the period 01/08-01/12 is covered as they were living together with the EEA national. But from 01/12-01/13 they were not living together and also the EEA has left the country. Technically, the EEA national will not lose PR status unless absent for 2 years, so it may be SLIGHTLY more difficult to persuade the UKBA, but legally they qualify! I feel that it will have to go to a tribunal hearing after the UKBA will most certainly refuse due to the complicated nature of the case.

ARE THERE ANY PROBLEMS WHICH ANYONE CAN SEE WITH THE PARENTS APPLYING FOR PR IN JAN 2013?

Thanks

[Fabby]

Hello Mcovet, i dont know the answers to your question but I believed the Gurus in this forum will answer them when they see it.

I want to ask your a question about how your showed that your that your parent - in- law depended on you when you brought them to UK. what documents did you submit to the embassy to prove this (dependency) or how did you go about it. Me and my wife are trying to get my mum to come and stay with us thats why im asking.

Thanks.