EEA Dependent family members: post-entry dependence

[a.s.b.o]

Post-entry into UK, dependent family members of an EEA national are issued with the residence card that affords them unrestricted employment. In cases other than spouses (e.g. relatives, parents), is there a need for continuous financial dependency on the EEA national beyond living in the same household in order to acquire the subsequent Permanent Residence? Thank you for sharing your experience on something that Google has no answers.

AsBo

[g111]

I am very interested in this as I have a dependent relative coming via EEA family permit that may recover once he is here and want to work in future. would love to see any responses to this from someone who has gone through it.

[noajthan]

Start with case law of Reyes

Ref: http://europeanlawblog.eu/?p=2329

... Court stated that family members cannot be required to prove that they have searched for a job in the country of origin and that whether they will eventually manage to find employment in the host Member State is an irrelevant factor with regards to the interpretation of ‘dependant’.

... the Court suggests that family members who are accepted in a Member State as dependent family members of an EU citizen should only be dependent prior to their admission in the host Member State. The fact that they might subsequently find employment in the host Member State is irrelevant for the interpretation of ‘dependant’ of the Directive. It can be assumed, although it is not explicitly mentioned in the judgments, that Member States must not withdraw residence permits of family members who became economically independent after they were accepted in the host Member State.

More on Reyes here:
http://eulawanalysis.blogspot.co.uk/201 ... tizen.html

and here: https://www.freemovement.org.uk/cjeu-de ... n-of-fact/

the Court holds that future work in the Member State granting the residence permit does not render the person ineligible for that permit. This seems to deal with the potential problem that might arise for a dependent who enters the Member State, starts working and thus arguably renders themselves self sufficient rather than dependent. It might be thought that such a person could have their residence permit revoked, based on the approach of the Court in the Dias [2011] EUECJ C-325/09 case. Reyes does not seem to allow for that to occur but the issue is not dealt with definitively.

[a.s.b.o]

This is very explanatory, here is another 5 cent suggested by Obie

by Obie » Sun Oct 23, 2011 11:48 pm
MR and ors (EEA extended family members) Bangladesh [2010] UKUT 449 (IAC) wrote:41. There is a further problem in the case of able bodied adults admitted as dependants who are then free to work under national law, as these appellants were. Do they have to remain dependant throughout the period of the first residence permit to obtain an extension of stay and or permanent residence? Is enforced dependency required? If so could they be required to leave if they become independent in the host state and possibly resume dependency in their country of origin. These are not problems encountered by family members where it seems that it is normally the biological or social relationship that must continue.