EU SS FP -> EU SS route for a dependent parent / Success rates

[pauline_al]

Dear ImmigrationBoarders,

My hubby and I (both Spanish citizens with a pre-settled status) are expecting our first child, and would both be thrilled if my already retired mom (a 57y.o., Russian citizen) could permanently move to the UK at the beginning of 2023.

My doubts are:

1. What are the chances of her being granted an EU Settlement scheme family permit and then, successfully applying to the EU settlement scheme on a basis that I started living in the UK by 31.12.2020?

2. What does the practice show: should my mom really be dependent in order to be treated like a dependent parent (and how dependent would that have to be) or would her dependency be 'assumed'?

Financially, she does not depend on us at all (I think only once did we send money onto her account, although we purchase presents online and get them delivered to her); emotionally, I feel that if she moves closer to us she will literally get a second (or even third:)) breath.

3. Should we hire an immigration lawyer or do it ourselves (I have the experience of successfully applying for my EEA FP 3 years ago)?

Thank you so much!
P.S. She has never been to the UK.

[kamoe]

1. What are the chances of her being granted an EU Settlement scheme family permit and then, successfully applying to the EU settlement scheme on a basis that I started living in the UK by 31.12.2020?

You are asking the wrong question. It is not about what the chances are (or what the application success rate is), but how eligible she is for the route. If she meets the requirements she'll be granted status, if she doesn't then she won't.

2. What does the practice show: should my mom really be dependent in order to be treated like a dependent parent (and how dependent would that have to be) or would her dependency be 'assumed'?

After June 30th 2021 dependency of parents is no longer assumed, and must be proven.

Financially, she does not depend on us at all (I think only once did we send money onto her account, although we purchase presents online and get them delivered to her);

Then she is sadly not eligible.

emotionally, I feel that if she moves closer to us she will literally get a second (or even third:)) breath.

Sadly, I doubt the Home Office accepts this as valid dependency. The Home Office is famous for preventing immigration of non-dependent elderly parents unless they need specialised care not available in their current country of residence. Personally, I do think that being close to their children qualifies as such specialised care, but the Home Office generally disagrees.

If you look, you'll find many reported stories of even British Citizens who aren't able to bring their elderly parents, even on grounds of mental health, because they are not deemed to need any special care unavailable in their country (and because reasonable non-specialised medical facilities are available in most countries).

3. Should we hire an immigration lawyer or do it ourselves (I have the experience of successfully applying for my EEA FP 3 years ago)?

An immigration lawyer won't change the fact that she isn't truly dependent on you.

[pauline_al]

Thank you for such a detailed reply Kamoe.
I've got one more question then. What if, against all odds, my mom still applied for EU SS family permit and her application were rejected by the Home Office, would she be able to re-apply for, say, a long-term standard visitor visa or having one visa application refusal might affect the following applications?

Thank you so much!

[kamoe]

What if, against all odds, my mom still applied for EU SS family permit and her application were rejected by the Home Office, would she be able to re-apply for, say, a long-term standard visitor visa or having one visa application refusal might affect the following applications?

I think @Zerubbabel has an opinion on this. See this post.