EEA Family permit: co-residence, required or not?!

[a.s.b.o]

Hi, this is a generic post and thus, is separated from my main thread.

Can you please suggest relevant community law/ quote ukba rules that state that, residence in the same house, is immaterial in determining dependency on the EEA relative?

Some background - the EEA fp was supported by evidence signed by a friend who offers a temporary accommodation. this was enough for the ECO to claim that there is no dependency on the eea national.

i quote: "Furthermore, you have provided a written statement from a Mr xxx offering free accommodation until at least the 31 December 2012 (12 weeks in total). This address is different to that of your son and would indicate that you are intending to live separately from your son and therefore that you are not mainly or wholly dependent on your son either financially or emotionally"

many thanks

[a.s.b.o]

pls?!

[wiggsy]

reply and appeal stating that the entire point of a different address is that your son is moving to the uk, and will not be able to provide the level of support required - and thus has arrange temporary measures which will need to be ammended ASAP. the kind offer of help from Mr X cannot last as he has limited funds to support himself / family. - during the time, my son has supplied X euros to provide financial support and i have access to these funds by the manner of...

ensure you state that you are mainly dependant on your son, and ensure you provide evidence of financial support (in addition to personal care if any happens)...

the more evidence the better, its better to give too much evidence than not enough, if you understand...

do you have financial statements of him giving money etc - perhaps numerous shopping reciepts which he purchased for you using his debit card or w/e... (sanitary towels etc arent really needed by a man and all )

also, ensure that you note: the he provies your essential needs (clothes, food, heating, home - etc)

BTW: the offer of accomodation from mr X is that in the uk or?

argue that your son is setting up home if so, and is currently in the process of looking for a suitable property... and with the property prices he needs to be certain of circumstances and estate agents require him to have sufficient income proof (my estate agent needed 3 months of payslips).

- just ensure you put it all down, and if things like this are possible to arrise, include covering letters to EXPLAIN it - therefore they cannot reufse on the basis...

[wiggsy]

BTW: 6 hours isnt that bad of a time for a reply...

i understand your frustration etc, but understand, people on these boards provide the info for free

- and i find most of that info is fantastic from most of the mods etc

[Obie]

Dependency and membership of the same household are two different terms. There is no requirement that a Dependent family member in the Ascending line, should be living under the same household to qualify, although if she is provided accommodation by another person, the question may arise, as to whether she is dependent on the sponsor or not.

Provided a reasonable reason can be given for this, i don't believe it will be the deciding factor.

[a.s.b.o]

Wiggsie and obie

many thanks gents, its one of the pecks