NON-EEA national PR refused: lack to dependency

[JS1969]

Dear all,

I am the British citizen sponsor, who is an EEA national as defined under Regulation 9 of the EEA regulation 2006, for my parents-in-law who are non-EEA nationals. They were granted with family permits to enter UK in October 2010 and five years resident permits to live in the UK in March 2011. The resident permit expired in March 2016. They have submitted their EEA PR application in October 2016 and the application was refused because they did not provide evidence to support continued dependency on the sponsor throughout the five year period.

My parents-in-law claimed pension credit and housing/council tax benefit soon after receiving their resident permit and they moved out to liven on their own since July 2011.

May I ask the experts in this forum to share their view on Home Office decision. My understanding is that the dependency should arise in the country of origin where they come from at the time they apply to join the sponsor. And therefore, there is no need to proof the continued dependency.

I am plan to appeal the decision, however, I need your help to get the grounds of appeal right.

Can the home office send back my in-laws who has been living here since October 2010?

thanks

[JS1969]

Any thoughts from the forum members please?

[JS1969]

Can someone please advise?

[greatscott]

Can someone please advise?

I am not a guru and have similar questions about this whole thing. In your case the government by way of pension credits/council tax etc allowed them to become independent after arrival. The same government that has now refused your application. This doesn't make sense.

My view is that whatever the status was when you are granted entry into the country is the status that should hold when confirming your residency after 5 years....e.g. when you are in the country how can you stop your children ageing beyond 21 years....or in your case, the government through the social system has in fact provided your parents with means to live independently.

I don't understand why there is not a big warning on your residency status saying entry granted on the condition that you are not allowed to apply for social welfare/tax rebates....or that, for example, your children are not allowed to grow older than 21 !!!!!

[JS1969]

Great question greatscott

Your suggestion would be certainly in breach of the EU directive and regulations because family members of qualified persons have an equal right to social advantages as long their family member remains a qualified person i.e. contribute to the taxes pool of the member state.

By way of an update, I had my hearing at IAT last week where my barrister presented the case. We have been asked to wait for 6-8 weeks before the judgement is delivered.

One thing is clear: whatever the outcome that the affected party would make an appeal.

BTW, how did it go for you?

Thanks