EEA PR for EEA Dependent Parent

[skinny27]

Hi,

I've been searching on this forum and cannot see a similar situation to ours so wondering if anyone may be able to advise.

I have been living in the UK for nearly 10 yrs and I have PR as EEA QP who has lived and worked here for more than 5yrs.

My mother, also EEA citizen, in her late-sixties, has been living with me for 5yrs as my dependent. She is retired and has a small pension (around £15/week). She is in receipt of pension credit and for a couple of years of the 5yrs she also received housing benefit and council tax discount (not receiving this any more). Her dependency on me was checked, at the time she was provided PC, by the job centre, when she also passed her habitual residence test.

I've checked the guidance on the HO website. We obviously have all the documents needed to show her relationship to me and confirm my status. It's the dependency that I worry about, this is what the guidance says:
The applicant must provide proof of their dependency such as:
bank or building society statements
 evidence of money transfers
 evidence of living in the same household if applicable
 other evidence to show their EEA national sponsor has enough money to support them
and the applicant is reliant on them for this

As she's been living with me, I simply cover the cost of the housing, bills and some of the food and her money goes towards some of the food costs and the internet bill (this is in her name so that she has some proof of address). There has never been any point in me making any money transfers to her. She only spends what she has, the rest is covered by me.

So I have evidence of living in the same household and I can send wage slips to show that I can support her and that she is dependent on this due to me paying for the accommodation, etc..

There's no relevant bank statements or money transfers that we could show.

She is also dependent on me as she speaks very little English so needs me to accompany her anywhere she goes.

There is no other family she could live with and she has no property. Her EEA pension is insufficient for her to survive on here or on in our native country (her pension there is about £15/week, rent is at about £30/week plus utilities and food).

What are your thoughts on this? Is the above evidence sufficient, even without money transfers/bank statements? What other documents can we use to show the dependency and support the application? Thinking of applying in about a yr's time.

Any help would be greatly appreciated.



Many thanks!

[noajthan]

Should be a valid case.
Case law of Pedro is on your side.
Parental dependency merely has to be shown as a 'matter of fact' (rather than as a 'matter of choice' or a 'matter of historic record' etc).

As a result of Pedro, the position of dependent relatives in the ascending line ... is that they simply have to show dependency as a matter of fact. The ECJ case law the status of dependent family member is the result of a factual situation characterised by the fact that material support for that family member is provided by the Community national or the spouse who has exercised free movement rights. The status of dependence does not presuppose the existence of a right of maintenance and the status is not lost if the family member claims and receives benefit

Ref: http://www.cpag.org.uk/content/court-ap ... ascendancy

With all this wild talk of Brexit suggest apply asap rather than leaving it too long.
And if you don't have DCPR it may be prudent to get it too.

[skinny27]

Should be a valid case.
Case law of Pedro is on your side.
Parental dependency merely has to be shown as a 'matter of fact' (rather than as a 'matter of choice' or a 'matter of historic record' etc).

With all this wild talk of Brexit suggest apply asap rather than leaving it too long.
And if you don't have DCPR it may be prudent to get it too.

Thanks, noajthan, got my DCPR (received yesterday). In fact, you kindly provided me with advice when I was applying back in June and also quite a few comforting messages when I went into a panic frenzy AFTER I submitted the application. You were right and everything was fine in the end. (I forgot my password for the account I used then and I can't reset password so started fresh)

I've been reading on the case law of Mrs Pedro and understand that:

"by the fact that material support for that family member is provided by the Community national or the spouse who has exercised free movement rights. The status of dependence does not presuppose the existence of a right of maintenance and the status is not lost if the family member claims and receives benefit."

How can I show that I have been providing material support, will the following suffice:

1a. Mortgage statement in my name (2015 onwards)
1b. Lettings agreement in both names and money going out monthly from my account but she did receive housing benefit to cover her payments for 2yrs out of 3yrs.
2. Bills in joint names paid by me with bank statement showing payments or direct debit (water, mobile phones, household goods insurance) and bills solely in my name but obviously she is benefiting also from the services and my bank statements showing payment (TV licence, house alarm, council tax, house insurance)
3. Pension decision and slips showing her pension in native country (most recent one is from when she moved here 5yrs ago but still accurate)
4. Pension credit decision and further communication (Dec 2012 onwards), housing benefit decision and council tax discount (for 2013-2015)
5. NHS and electoral correspondence showing that we've been living together for past 5 yrs.
6. My wage slips/P60 and a letter from me detailing her dependency on me as no other family, no property, little knowledge of English language and insufficient income (as shown by pension slips) to support herself.
7. May be possible that I can get letter from GP or Dentist or Priest to show she speaks little English and is accompanied by me for appointments but unsure at this stage.

Regarding my bank statements above, can I just submit the relevant pages (stamped by the Bank)? I think it is way too intrusive if they would ask to see all my incoming/outgoing payments for over 5 yrs (plus the cost of postage would be mad).

I could start making money transfers to her now but I honestly don't think it would be a good idea - it would only be for a few months before the application as I've not done this in the past and would need to inform the pension about these as it is means-tested - they are aware she lives with me and I am supporting her, but they always ask to know if you have more money coming in.

Any thoughts or further suggestions on evidence would be greatly appreciated.

She really has nowhere else to go - we've always been very close and I am her only family.



Many thanks!

[skinny27]

[quote="noajthan"][/quote]


noajthan, as I can't find my panicked post from June, I'd like to take this opportunity to thank you and everyone else on this forum who advised me when I was applying for my DCPR. If it wouldn't have been for your personal re-assuring messages, I would have withdrawn my application and wasted the time with re-applying for no good reason.

Thank you very much once again!

[noajthan]

I think you are well on way and glad you got your DCPR in the end.
This is what the forum is all about and it will be reassuring to others to hear you made it.
One day you will be able to laugh about all of this.

In essence HO is a paper-bound Kafkaesque bureaucracy;
they want to see a papertrail so give them a comprehensive papertrail from official, government and quasi-government organisations.

#7 probably not necessary (or may be disregarded) but probably won't hurt.

Yes, sample of bank statement - perhaps those quarterly summaries some banks send out.

How about adding council tax bill, electoral roll/voter registration into the mix.

Your DCPR should help but make it clear you acquired PR some time ago (whenever it actually was).

In summary you need to demonstrate and prove :

• your identities;
  your relationship;
  your settled status;
  both your residencies in UK;
  (any absences within limits - both parties);
  mom's dependency on you as sponsor;

[noajthan]

noajthan, as I can't find my panicked post from June, I'd like to take this opportunity to thank you and everyone else on this forum who advised me when I was applying for my DCPR. If it wouldn't have been for your personal re-assuring messages, I would have withdrawn my application and wasted the time with re-applying for no good reason.

Thank you very much once again!

May be this one:
http://www.immigrationboards.com/eea-ro ... 11612.html

[skinny27]

How about adding council tax bill, electoral roll/voter registration into the mix.

Your DCPR should help but make it clear you acquired PR some time ago (whenever it actually was).

Electoral roll/voter registration - definitely, I included that with my application also.

Council tax bill - I am considering, but I worry about how the case worker will see it. Basically, I can include the following:

1. council tax bills in joint names and money going out of my bank account in her 1st year here.
2. council tax bills in joint names but in effect hers was discounted and I was only covering my share of the bill for YR 2 and YR 3
3. council tax in my name only (as she is not an owner of the property, she can't be named on the council tax bill) with evidence she is living with me and evidence of payment going out of my bank account for YR 4 and YR 5.

What about my proof of payment from my bank account, can I just submit the relevant pages (stamped by the Bank), rather than full bank statements for over 5yrs?

Your DCPR should help but make it clear you acquired PR some time ago (whenever it actually was).

Thanks, will make a note of that, as I acquired PR a few yrs back just wasn't bothered with applying for DCPR until the Brexit vote.

Thanks,

[noajthan]

Yes, sample of bank statements should be acceptable (along with everything else) - perhaps those quarterly summaries some banks send out.

[JS1969]

Hi Skinny,

Could you please let us know how the PR application has gone?

thanks

[JS1969]

Hi Skinny,

Could you please let us know how the PR application has gone?

thanks
JS1969
Newly Registered

Posts: 6
Joined: Wed May 31, 2017 10:28 am

[BIG Dobby]

Hi Skinny

I was thinking she was going to update us about how her dependent mum's PR went!

Some people are very selfish and only come here for selfish reasons. Her case was peculiar
and would have benefited a lot of people on this forum

Many thanks to noajthan for the great info...

[NikiGio]

Skinny, Noajthan,

If you're still members - also would like to know outcome of the application, as currently preparing a very similar one.

[CR001]

Skinny, Noajthan,

If you're still members - also would like to know outcome of the application, as currently preparing a very similar one.

Neither are active on the forum any longer.

Kindly refrain from digging up topics from 2016.