reg: Dependency of Immidiate family member in same household

[Bobthemoggie]

Dear Member,
Asking on somebody's behalf.

While applying for non-EEA family members(dependent parents) living together as part of same household- In that case, how long minimum EU citizen & their non-EEA family members should have lived together outside EU(immidiately before application)?


Cheers

[gokulatti]

It's 12 months. They don't necessarily have to live together but rather they need to prove they were dependents on the EU citizen/or EU citizens' spouse/ EU Citizen's partner. dependency can be for financial needs or physical needs (ex: old age).

[Bobthemoggie]

It's 12 months. They don't necessarily have to live together but rather they need to prove they were dependents on the EU citizen/or EU citizens' spouse/ EU Citizen's partner. dependency can be for financial needs or physical needs (ex: old age).

Thanks a lot.
How strict are they on 12 months requirement.
My Friend (EU citizen) has spent 10-11 consecutive months currently, with their non-EEA family members (parents) & nearly whole life few years back.

They(EU Cit) have worked locally in above referred period in non-EEA country in seasonal job supported & will be supporting henceforth after returning to Europe.
In this case, what is recommended-
Delay the return to EU & complete full 12 months.
Start making regular financial after return to EU - In that case, how long do they need to build up the history of remittance, before bringing the non-EEA family members into EU for making RC application under FM Directive?

Kindly advise

Cheers

[gokulatti]

The 12 month period is not set in the directive. It is what is ASSUMED generally by the some member state.

The dependency is the key word. You need to prove they (Parents) are dependent on the EU citizen or EU spouse for their essential needs. In the context of dependents, just because they receive money every month MAY not make them dependents but you need to prove that without this money they will not have their primary needs fulfilled. Say if they have regular income from their pensions/ income from properties etc. the money you send them is only an adjective. You have liberty on how you prove this dependency, it could be by any means. In case they are above I believe 65 years they may qualify dependency based on old age.

[Bobthemoggie]

The 12 month period is not set in the directive. It is what is ASSUMED generally by the some member state.

The dependency is the key word. You need to prove they (Parents) are dependent on the EU citizen or EU spouse for their essential needs. In the context of dependents, just because they receive money every month MAY not make them dependents but you need to prove that without this money they will not have their primary needs fulfilled. Say if they have regular income from their pensions/ income from properties etc. the money you send them is only an adjective. You have liberty on how you prove this dependency, it could be by any means. In case they are above I believe 65 years they may qualify dependency based on old age.

Thanks a lot for your help.
1. Which member states from Western Europe make this 12 months assumptions? any indication on it.

2. Also if 11 months living together under one roof (& whole life 4-5 years ago) + combined proving financial dependence henceforth will make a good case+ combined with emotional dependence proven by virtue of blood relation?

3. Also when EU cit became EU cit has any affect?
Or eu host state doesnt need to know this

Thanks

[gokulatti]

I always respect people who take care of their parents, I believe it is a good deed. I hope you find the means to get this done. To answer your questions, No authorities would mention 12 months as required if it is not in the directive. Because this in itself would constitute to refuse an application which against the sole of the directive. But let me rephrase, if it is 12 months of financial remittance then your case is just so much stronger, there is nothing against showing remittance for less than this. I believe your case is really strong: joint household and remittance. But it is only half the requirement. the other half is to show that they (parents) need this remittance for their basic needs. here for the Netherlands, the exact requirements for dependent parents are
"You are a family member in the ascending line (parent or grandparent) of
a national of the Union or his/her spouse, partner or registered partner
(and you yourself do not originate from the EU) (744 - 751 - 758)

Your application must be accompanied by the following supplementary evidence
and documents:
– The document showing the family relationship (see the explanation ‘Foreign
documents’ and ‘Language’ on page 2 of this form).
– A copy of the certificate of lawful residence of your sponsor. --->You
– Evidence showing that you received material support from your sponsor in
your country of origin or former residence. ----> Remittance, which you have
– Evidence, for example a declaration issued by the competent authority,
showing you received material support to provide in your basic needs in
your country of origin or country of former residence because of your
financial and personal situation. ---->This is what you need, it COULD be parents' "income certificate, tax returns, or the relevant authorities saying that they are dependent on this remittance and they do not have any other feasible means of supporting themselves" This is where you have the liberty of proving that they need this remittance proof can be by any means.
– Evidence showing that your sponsor (still) has income from work or other
sufficient means of existence in order to prevent your sponsor and his family
members from depending on public resources." ----> proof that you can support yourself/your household first and then them (Parents).


This is the extent of my knowledge, if you need more insights, I suggest you consult a professional. I really wish you the best.

[waqasars]

Hi Gokulatti,

I have a question. I have Article 10 Residence card from Germany. I know i can apply for citizenship for Netherlands after 3 years being spouse of Dutch citizen.

You are married to or are the registered partner of a Dutch citizen. After 3 years of marriage or registered partnership and having uninterruptedly lived together during that period, you can submit an application. These 3 years may also have been spent abroad. You must be living together during the whole procedure.


So it means to say i can apply for Dutch citizenship while living in Germany. I only have to prove that i am living with spouse since the last 3 years.

So my question is in this case i dont need to have residence permit to apply for citizenship?

Thank you.

[gokulatti]

Hi Gokulatti,

I have a question. I have Article 10 Residence card from Germany. I know i can apply for citizenship for Netherlands after 3 years being spouse of Dutch citizen.

You are married to or are the registered partner of a Dutch citizen. After 3 years of marriage or registered partnership and having uninterruptedly lived together during that period, you can submit an application. These 3 years may also have been spent abroad. You must be living together during the whole procedure.


So it means to say i can apply for Dutch citizenship while living in Germany. I only have to prove that i am living with spouse since the last 3 years.

So my question is in this case i dont need to have residence permit to apply for citizenship?

Thank you.

Hi, the 3 years outside Netherlands with your spouse is one for the exemption of the 5 years residence required. Apart from that you also need to have residence permit (in Netherlands) not necessarily PR just any residence permit and pass Dutch exams. Which essentially means at point if you decide to apply for citizenship by naturalization you should have a residence permit in Holland. Given your family ties this shouldn't be a problem.