EEA (PR): Proof of dependency

[noajthan]

Dependency as 'matter of fact' - not of choice, or of lifestyle nor of history.
However do note that case related to an EEA national.

Well the case law indicates that dependency can be a choice. An able bodied person can choose not to work and live of their parents income. Provided the person as a result will of their refusal to work, will not be able to meet their essential needs, it will amount to dependency. Therefore i am not sure you are right.

I accept it will not amount to dependency , if the funds remitted is to facilitate a particular life style. However choice dependency is accepted. The court of Appeal in SM India adopted the Lebon approach, and i believed that this was also followed by the Upper Tribunal in Lim, which involved the Malaysian family that decide not to use their savings, and decide to rely on the support of family in the UK aswell.

Indeed. And in that brief response to earlier question I was trying to express UKVI cannot object to any particular type of dependency once the basic fact of dependency is established.

Yes, for example, as per our friend the Lim case.A lovely lady with, by all accounts, her own house, some sort of pension or trust fund, family resposibilities for younger relative & etc etc; yet still a dependent of her adult child and spouse in Europe.

[oleburdo]

Dear noajthan and Obie,

Thank you very much for your advice.

I am now facing a dilemma and not sure how to switch the sponsorship.
1. Do you think it would be better to provide my parents' financial dependency just on my brother (for the last 5 years) and state he is helping with their health care (he does help) as well even though their Residence Cards of a Family member of an EEA national were issued on the basis of dependency on my EEA husband or..

2. It would be better if my brother confirms that he is supporting them financially, pays for the accommodation, food and clothing and I can state in his letter that I (daughter) am helping my parents with their health care which is the reality. I can also confirm that I receive carers allowance and attach my husband's (we have not divorced with yet) proof of ID and address (the same address)?

I would be very thankful if you can advise which option is the best to your mind.

Kind regards,

O xx

[oleburdo]

Dear noajthan and Obie,

Thank you very much for your advice.

I am now facing a dilemma and not sure how to switch the sponsorship.
1. Do you think it would be better to provide my parents' financial dependency just on my brother (for the last 5 years) and state he is helping with their health care (he does help) as well even though their Residence Cards of a Family member of an EEA national were issued on the basis of dependency on my EEA husband or..

2. It would be better if my brother confirms that he is supporting them financially, pays for the accommodation, food and clothing and I can state in his letter that I (daughter) am helping my parents with their health care which is the reality. I can also confirm that I receive carers allowance and attach my husband's (we have not divorced with yet) proof of ID and address (the same address)?

I would be very thankful if you can advise which option is the best to your mind.

Kind regards,

O xx

[oleburdo]

Dear Noajthan and Obie,

I am very sorry to bother you.
Could you please kindly advise which one of the ways would be better to go by.
I am very worried and nervous, as I wanted to send the applications this week.
I would really appreciate your advise.

Thank you very much in advance.

Kind regards,

O.

[noajthan]

Its no bother.

If #2 is the most accurate reflection of the support package then use that.

You will need a papertrail, (money transfers, bank statements, receipts/bills, perhaps a xls budget sheet) as well as any cover letter.
A cover letter alone, simply describing the situation is unlikely to be adequate.

[oleburdo]

Hi Noajthan,

Thank you very much for your help.
Yes, we can also show that brother was supporting financially while the parents lived in their origin country, we have some Western Union receipts and envelops. Hope it will help the application?

Thank you x

[oleburdo]

Dear All,

Does anyone know if Home Office used to give any priority to elderly non-EU national applicants applying for Permanent Residence (EEA PR)?

Many thanks in advance x

[Casa]

Do you mean a rapid decision or special concessions?

[oleburdo]

Hi Casa,

Thank you for coming back.
Yes, I mean quicker decision. I've heard somewhere about 42 days but not sure I am right...
Please advise.

Kind regards,

O.

[oleburdo]

Dear All,

Does anyone know if Home Office treats elderly (non-EU citizens) applicants' applications for Permanent Residence on a priority basis? Ive heard somewhere it should take about 42 days?
Please correct me if I am wrong.
Thank you

[ecogle1976]

Dear All,

Does anyone know if Home Office treats elderly (non-EU citizens) applicants' applications for Permanent Residence on a priority basis? Ive heard somewhere it should take about 42 days?
Please correct me if I am wrong.
Thank you

Hi oleburdo,

I can understand your feelings, When I have applied RC for my MIL (aged 66) it took exactly 6 months to refuse. But from your earlier posts, show the direct debits and other bills for daily needs ( food etc) to prove your parents are dependent on you. Who pays the rent for your home in case if the staying with you?. Don't worry too much, Brexit is not going to happen tomorrow, it will take at least 3 years from now. Prepare your application with more evidences,if you can able to, in worst scenario they may give you again 5 years RC.

All the best

all the best

[oleburdo]

Hi ecogle,
Many thanks for your reply.
What was the problem in your case? Was it rejected due to the lack of proof of dependency? How did you prove it?

Thank you x

[NikiGio]

One sponsor.

Case can always be refused due to lack of adequate supporting evidence.
It is up to applicant to submit adequate documentary evidence to support their case.

Proof of dependency is a well-known requirement for dependents;
applicants' and sponsor's lifestyles should be organised so as to generate such a papertrail.

You can dig into such vital questions here:
https://www.gov.uk/government/uploads/s ... als-v4.pdf

All - reading this a couple of years after original thread. Really good piece of info/thread, especially the guide for HO staff - thanks