Extented family member

[Zoopla22]

Hi experts

I am new to this forum need help please I am a family member of eea national and has got 5 years RC since 2009 and I already applied for PR back in November and still waiting my wife had got her PR since 2012 and exercising her treaty rights until now.question is my parents are on 2 years visit visa which me and my wife sponsored them my dad was self employed business man until late 2013 but due to his health and age he is no longer doing his business he is 66 and my mom is 64 from January 2014 my wife and myself sending them money every month and I have got all the proofs for at least 7 months now my parents are here in UK and have been living with me since August I am planing to apply their Eea extented family member permit from UK.Can someone help me if we can apply their eea permit and what chances do we have to get it through please?aldo me and my wife are claiming child and working tax credit.please need help as soon as possible?

[el patron]

If your mother and father are living with you and your wife in the UK and your wife is an EEA national with PR, they can apply in-country for EEA Residence Cards as dependant direct family members in the ascending line. They are not extended family members, that is for other less close relations such as aunts, cousins and brothers etc..

[Zoopla22]

Thanks.what chance do we have that their application will succeed please?

[Zoopla22]

Also my wife is claiming child and working tax credit will this be a problem please?and also what documents do we need other than money recipts and her self employed papers?

[Zoopla22]

Guys please help

[Obie]

It is quite complex.

You will need to demonstrate that their situation in their country of origin is such that they require material support from you to meet their essential needs.

Did they get their visa as your dependent or on their own earnings and right.

[Zoopla22]

Me and wife sponsored them but they also showed their earning as well like business accounts and bank statements.we are 4 brothers and all of us living in UK lawfully and also 1 sister who lives in Australia do their is no1 back home to look after them.please advice what is the best option for us to do this application please or what chances do we have because they have got 2 years visa or shall we stay on visit bisa please?

[Zoopla22]

But since January 2014 we have been supporting them due to business closure and no source of earning.

[Obie]

Me and wife sponsored them but they also showed their earning as well like business accounts and bank statements.we are 4 brothers and all of us living in UK lawfully and also 1 sister who lives in Australia do their is no1 back home to look after them.please advice what is the best option for us to do this application please or what chances do we have because they have got 2 years visa or shall we stay on visit bisa please?

The dependency aspect is a question of fact, and all information provided with previous applications will be dug up.

I had a difficult case, involving a parents from the Asia subcontinent who has sufficient resources, and showed those evidence when they were issued with visitors visa.

I had difficulty convincing the judge that the dependency was not contrived.

[Zoopla22]

Thanks obie.what would you advice shall we not submit the application?fid you win the case at the end?

[el patron]

Dependency does not have to be proved if they are members of the household and that can be in the UK. If they were extended family members that would be a different matter, but they are direct family members and members of the household in the host state, the Pedro case sums it up well -

http://www.bailii.org/ew/cases/EWCA/Civ/2009/1358.html

[Obie]

Thanks obie.what would you advice shall we not submit the application?fid you win the case at the end?

It was not easy. It went really far.

[Obie]

Dependency does not have to be proved if they are members of the household and that can be in the UK. If they were extended family members that would be a different matter, but they are direct family members and members of the household in the host state, the Pedro case sums it up well -

http://www.bailii.org/ew/cases/EWCA/Civ/2009/1358.html

Unless the parents had lived in another country in the same household owned by the EEA national, they will not qualify under that provision.

[el patron]

Dependency does not have to be proved if they are members of the household and that can be in the UK. If they were extended family members that would be a different matter, but they are direct family members and members of the household in the host state, the Pedro case sums it up well -

http://www.bailii.org/ew/cases/EWCA/Civ/2009/1358.html

Unless the parents had lived in another country in the same household owned by the EEA national, they will not qualify under that provision.

Yes you are correct Obie, well spotted.. but read that case in tandem with Commissioner Jacobs reasoning -

http://www.administrativeappeals.tribun ... px?id=2426

Particularly - Para 29. Although support must be ‘material’ it need not necessarily be financial. It could, for example, take the form of the provision of housing, clothing and food
Which essentially states that providing accommodation (in host country) can satisfy the dependency criteria.

[Zoopla22]

Thanks guys.so in your point of view it's difficult case but bear in mind we had been sending them money for over 6 months.and they also my dad also have letter from tax office showing that he requested to close his business tax matters due to closure of business and also letter from chamber of commerce where he was member as business person

[el patron]

An EEA2 application attracts a fee of £55, I would suggest going ahead, don't forget their appeal continues even if they leave the UK. If you continue to support them when they have left the UK and the appeal is pending you can produce that evidence of continued support even though it post dates the refusal decision. If the appeal is allowed simply send the Residence Cards to them by post, I have done this on behalf of several successful appellants who used the Residence Cards for the first time to enter the UK in lieu if entry clearance.

[Zoopla22]

Thanks guys really appreciate your comments.

[Obie]

I cannot say it is so hopeless and bound to fail, but it is an application, that will be given close scrutiny, at the very least.

[Zoopla22]

Thanks obie.i am going to make their application and will let you know the outcome.for the time being any other useful advice guys please?

[Obie]

Please ensure you do things properly. If it fails, your parents will encounter extreme difficulty with getting permission to come to the United Kingdom.

[el patron]

I second Obie's comments, although in a way I would suggest that they remain in-country and remain if here if they pursue an appeal, that way they can attend the hearing! They are of course allowed to be here until appeal rights are exhausted. They would be best obtaining their own legal advice in a language they understand to keep things in proper order.

[Zoopla22]

What do u mean by proprly I hve got only to show receipts which I sent money to my parents and my wife treaty rights documents is their anything else to add to it please?how about the benefits which she is claiming will that be problem please?

[Zoopla22]

Hello guys please reply to my last message?will the benefit be a problem please?also what additionnal documents do I need to submit?

[Zoopla22]

Please help

[Zoopla22]

Obie please help?