> 21 Years old Descendant Dependency ..to be proved twice ?

[gillacious_505]

Hello Dear members,

Hope you can clarify on the following points.

EC 2004/38 visa was granted to one of my family member for being dependent on the EU national(British citizen). We provided remittance for about 1 year as the proof of dependency. And the Visa stamp shows family member of EU national of Type C visa.


1)My question is when we apply again for family permit for UK from EU country, do we have to provide the proof of dependency again. Isn't this enough that the EU country which was Germany recognised the dependency and hence gave the EC 2004/38 freedom of movement visa.?

2) If we would have to provide the evidence again for the family permit, then would it be the prove of dependency within the EU or would it be the prove of evidence from Non-EU(prior to coming to UK)..

Any response would be much appreciated

[noajthan]

Hello Dear members,

Hope you can clarify on the following points.

EC 2004/38 visa was granted to one of my family member for being dependent on the EU national(British citizen). We provided remittance for about 1 year as the proof of dependency. And the Visa stamp shows family member of EU national of Type C visa.


1)My question is when we apply again for family permit for UK from EU country, do we have to provide the proof of dependency again. Isn't this enough that the EU country which was Germany recognised the dependency and hence gave the EC 2004/38 freedom of movement visa.?

2) If we would have to provide the evidence again for the family permit, then would it be the prove of dependency within the EU or would it be the prove of evidence from Non-EU(prior to coming to UK)..

Any response would be much appreciated

1) Yes.
No. UK is not in Schengen zone; UK FP has no connection with any German visa and conditions for issue of such a German visa.

2) Either, depending on the case history (type of dependency and history of that dependency).

[Hamza2013]

Hi Noajthan,

I assume dependency proof is not required for direct family members (parents) before moving to EU country

[noajthan]

Hi Noajthan,

I assume dependency proof is not required for direct family members (parents) before moving to EU country

Why do you assume that?

EU law is clear, to be classed as FMs parents have to prove financial dependency on sponsor.

If they need a visa to enter a memberstate such proof may be needed upfront;
UK FP is a case in point.

[Hamza2013]

Apologies I didn't mention properly,

I meant if the parents are in EU country for a considerable time period and now applying family permit for UK, the dependency proof required will be in the EU country they are staying I.e. They are the house hold member now, will we need to show dependency before settling in EU country, we are aiming to use SS hence FP is going to be applied,

[noajthan]

Apologies I didn't mention properly,

I meant if the parents are in EU country for a considerable time period and now applying family permit for UK, the dependency proof required will be in the EU country they are staying I.e. They are the house hold member now, will we need to show dependency before settling in EU country, we are aiming to use SS hence FP is going to be applied,

For UK FP, show dependency wherever parents live now. If that's in EU that's fine.

[Hamza2013]

Thanks noajthan,

Your help/advice always appreciated

[gillacious_505]

Apologies I didn't mention properly,

I meant if the parents are in EU country for a considerable time period and now applying family permit for UK, the dependency proof required will be in the EU country they are staying I.e. They are the house hold member now, will we need to show dependency before settling in EU country, we are aiming to use SS hence FP is going to be applied,

For UK FP, show dependency wherever parents live now. If that's in EU that's fine.

Thanks noajthan, but this response is conflicting to your earlier response mentioned below.
"
2) Either, depending on the case history (type of dependency and history of that dependency)."

So if the dependent is living in a EU country with EU national for 4 months. Would we include the evidence of dependency of non EU and EU country both? Sorry for the daft question again.

[noajthan]

Thanks noajthan, but this response is conflicting to your earlier response mentioned below.
"
2) Either, depending on the case history (type of dependency and history of that dependency)."

So if the dependent is living in a EU country with EU national for 4 months. Would we include the evidence of dependency of non EU and EU country both? Sorry for the daft question again.

Its not conflicting at all. Ask a generic question you get a generic answer.

It depends where dependents currently are.
If in 3rd world give evidence from 3rd world.
If in EU give evidence from EU.
I meant it works either way (depending on case/history) not that you can give either answer.

Google: EEA Family Permit EUN02

I'm on cellphone so not easy to search but fortunately remember the page details;
(not yet memorised all of Google though)

[gillacious_505]

Thanks noajthan, but this response is conflicting to your earlier response mentioned below.
"
2) Either, depending on the case history (type of dependency and history of that dependency)."

So if the dependent is living in a EU country with EU national for 4 months. Would we include the evidence of dependency of non EU and EU country both? Sorry for the daft question again.

Its not conflicting at all. Ask a generic question you get a generic answer.

It depends where dependents currently are.
If in 3rd world give evidence from 3rd world.
If in EU give evidence from EU.
I meant it works either way (depending on case/history) not that you can give either answer.

Google: EEA Family Permit EUN02

I'm on cellphone so not easy to search but fortunately remember the page details;
(not yet memorised all of Google though)

Oh I totally misinterpreted it... So I guess it would be as follows:

1) Non-EU to EU country - EC 2004/38 Type C Visa- 3rd world dependency.
2) EU- UK ----- Family Permit Visa -- EU dependency.
3) UK FP - UK EEA 2 -- UK Dependency
4) UK EEA2 - UK Permanent Residency- 5 years UK dependency .

Please correct me if I am wrong.

The question is how the dependency can be proven in EU and UK country because then all the essential needs would be met by EU national rather than family member as the family member would be living with the EU national.

Also I think it would be quite hard to prove 5 years UK dependency when the final PR would be applied by the family member.
Many Thanks in advance,

[noajthan]

Oh I totally misinterpreted it... So I guess it would be as follows:

1) Non-EU to EU country - EC 2004/38 Type C Visa- 3rd world dependency.
2) EU- UK ----- Family Permit Visa -- EU dependency.
3) UK FP - UK EEA 2 -- UK Dependency
4) UK EEA2 - UK Permanent Residency- 5 years UK dependency .

Please correct me if I am wrong.

The question is how the dependency can be proven in EU and UK country because then all the essential needs would be met by EU national rather than family member as the family member would be living with the EU national.

Also I think it would be quite hard to prove 5 years UK dependency when the final PR would be applied by the family member.
Many Thanks in advance,

Seems as if you've got it now.

You will need rock-solid documentary supporting evidence of support by spouse+sponsor every step of the way (bank statements & etc).
HO doesn't give any benefit of doubt.

You can get up to speed on these vital matters here:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- see page 17+

See related case which a member is currently fighting for now (after initial rejection by HO):
http://www.immigrationboards.com/europe ... 10945.html

[gillacious_505]

Thanks noajthan,

Your help and other relevant info on this forum is really helpful . We are about to begin our SS journey later this week.

I will keep this forum updated about our journey.

[noajthan]

Thanks noajthan,

Your help and other relevant info on this forum is really helpful . We are about to begin our SS journey later this week.

I will keep this forum updated about our journey.

Its sure to be quite a rollercoaster ride.
Dealing with HO is at least one way to know you are truly alive and living on the edge.

Good luck.