Dependent parents refused entry to join BC sponsor in Spain

[Rojan Bhandari]

I understand that my non EU parents who are my dependants have equal rights as me while I exercise my Treaty Rights in Spain as a British Citizen. Spanish Authority in New Delhi India has refused my dependant parents right to join me on the basis that they have their own income and are of middle class family. I seek help from Solvit in vain. Now I want to appeal against the decision. how do I appeal against the decision? Is there anything as such Legal Aid in Spain? I couldn't pay 2,000 euros to the private lawyers. Is there anything as such Judicial Review? I learnt that appeal might take around 2 years to be heard in Madrid High Court. Judicial Review might be the better option for me. How do I go about it? Can someone help please?

[secret.simon]

Firsty, the last post is not relevant to this thread, which discusses broader effects of Brexit on non EEA family members of British citizens in other EU countries. So, can the moderators move the post to its own thread in the Europe forum?

@Rojan Bhandari

my non EU parents who are my dependants have equal rights as me while I exercise my Treaty Rights in Spain

Not quite correct. They do not have any rights of their own. It is your right as an EEA citizen to be accompanied by them in any EEA country of which you are not a citizen.

Spanish Authority in New Delhi India has refused my dependant parents right to join me on the basis that they have their own income and are of middle class family.

Parents must prove dependancy. It seems that the Spanish Embassy in New Delhi thinks that your parents are not dependant on you and hence no EEA rights accrue. If they have an independant income and are comfortably off on their own, how do you intend to prove dependancy?

Besides, it is not improbable that other EEA countries will start scritinising applications for UK citizens with a higher degree of scrutiny, while they wait for the outcome of the Brexit negotiations (if any).

[noajthan]

To avoid confusion & jumbled responses, I have moved OP's question to its own thread (this one) in the most appropriate forum (this one).

[noajthan]

Under EU law dependent parents have to demonstrate and prove dependency.

That is dependency of fact, not historical dependency, no justification of choices is required, 100% dependency is not necessary, a subsistence level of existence in the home country cannot be expected; applicants cannot be expected to sell off or deplete their vital assets.

Nevertheless applicants have to show dependency on the sponsor for their essential needs and proof is required of the need for material support.

Case law of Lim [2013] UKUT 437 comes to mind.
See https://tribunalsdecisions.service.gov.uk/utiac/39247

Jia and Lebon cases also dig into these vital questions.

[a.s.b.o]

Dependence can be out of choice. In plain English, it means that if your parents CHOSE to be dependent on you and you can provide evidence of supporting them over a period of time, their background and vast estate is immaterial. Lim is a good case (google it). you might need to re-submit the application with understanding the criteria for dependence. good luck

[raholptl]

I understand that my non EU parents who are my dependants have equal rights as me while I exercise my Treaty Rights in Spain as a British Citizen. Spanish Authority in New Delhi India has refused my dependant parents right to join me on the basis that they have their own income and are of middle class family. I seek help from Solvit in vain. Now I want to appeal against the decision. how do I appeal against the decision? Is there anything as such Legal Aid in Spain? I couldn't pay 2,000 euros to the private lawyers. Is there anything as such Judicial Review? I learnt that appeal might take around 2 years to be heard in Madrid High Court. Judicial Review might be the better option for me. How do I go about it? Can someone help please?

Hi Rojan,
any update on this? have you revived visa?

Thanks,
Rahol