EEA Family Permit for non-EEA Parents

[TeamMoose]

Hi all

I'm conscious this question has probably been asked many times in the past, but also that the law has moved on a lot since some of the last threads, so hoping someone can assist with up to date information and guidance.

Background
My husband and I have both been living in the UK for the past 12 years. I am now a naturalised UK citizen, my husband is an EEA Citizen (Italian) - we both lived and grew up in South Africa before moving here. My only sibling also lives in the UK.

I have been trying for years to find a way to bring my parents over to the UK from South Africa. Unfortunately, all avenues of ancestry are exhausted (they are too far removed from their ancestor's UK/Dutch ancestry). My parents are suffering from the effects of ill health (my mother has an aortic aneurysm that could burst at any time, as well as abdominal issues) and my dad has a busted hip and shoulder and Type 2 diabetes. Although they have siblings in SA, their only children are in the UK and we would like to have them with us to help look after them as I don't know how much longer they will be able to work in their current states. They are also struggling financially due to the chaos in SA and I have been paying for my mom's car for the last few months just so she can get to work. I've also helped them financially in other ways over the years.

Questions

• Can I bring my parents over as dependents on an EEA Family Permit under the Dependent Parent criteria?
• Does this criteria apply to only my husband, as the EEA national, or can they apply on the basis that I am the spouse of an EEA national and a UK national myself?
• What is the likelihood of a family permit being approved, considering Brexit and the implications on immigration?
• What proof do I need to provide for financial or emotional dependence of my parents on me and my husband?

My parents are willing to work in the UK - they will definitely not be living off public funds, as they will live with my husband and I and we will pay for their healthcare. I would just like to explore all avenues to be able to legally bring them to the UK and have them with us as a family so that we can look after them, both physically as well as financially.

Any advice gratefully received.

Carmen

[Wanderer]

Pretty sure in this scenario BC trumps EU, so you can only rely on ADR under UK immigration rules, which isn't likely to be granted.

They don't seem to be dependant on you anyway...

[CR001]

Pretty sure in this scenario BC trumps EU, so you can only rely on ADR under UK immigration rules, which isn't likely to be granted.

They don't seem to be dependant on you anyway...

Could apply based on Italian spouse (assuming not dual British/Italian) but dependency proof likely required.

[TeamMoose]

Thanks both.

Wanderer - I didn't realise that one could trump the other? WRT dependency, how would this normally be proven, as I know the requirements for EEA family permits for ADR seem to be lower than the UK national immigration requirements. As far as I understand it "Financial dependency should be interpreted as meaning that the family member needs the financial support of the EEA national or his or her spouse/civil partner in order to meet the family members essential needs in the country of origin, not in order to have a certain level of income". This could be taken that, as long as I can show I'm supporting them financially in South Africa that can be taken as them being financially dependent on me, correct?

CR001 - Is my assumption on dependency proof above correct? Is it that it doesn't matter why the actual dependency exists, only that it exists? Also, my spouse does have dual British/Italian but he doesn't actually have his British passport, only his Italian (he had to get British citizenship for work). Would that stump this process in any way then?