EUSS status for family members - dependency

[katjes]

Hi all, I need a bit of an advice on how to prove dependency.

My parents in law applied for EUSS FP in March 2021 (I am the sponsor, EU citizen with settled status), they received the approval and the family permit in May 2021. They couldn't come to the UK because of covid restrictions until August 2021. They applied to EUSS scheme end of August, with bio mid September. The application has been on someone's desk ever since. Today we received a call from HO stating we didn't prove dependency and we need to do that. When we asked them why, the person on the phone said "something" came in place 2 weeks ago(???).

My question is: If the permit has been issued before 30/06/2021 and they applied for the actual status after 30/06/2021 (using the permit in the application), do they need to prove dependency?

If they need to prove dependency, what can we potentially use? My husband sent the parents several thousand GBP 2 years ago (it was a cheque and he also had to email the bank and confirm he is sending money to his parents and they can cash the cheque).
They have been staying with us for past 6 months - they are living in our house, we are paying for all the bills, but we have no official proof they are staying here - Citizens advice weren't able to tell us if we can put them on council tax bill before they get the pre-settled status and they were refused a bank account in every bank we tried as they have no proof of residency. We only have a letter from the NHS as they got the covid jab here and both my husband and I created a bank account with Starling bank and gave them the cards and we are transferring money from our joint account to these cards for them to use on groceries etc. (Although not sure if we are legally allowed to let them use the cards in our names.) Would any of this serve as a proof of dependency?

Thanks a lot for help!

[Obie]

Such a request appears unlawful if you got the permit pre 30-06-2021.

[katjes]

Such a request appears unlawful if you got the permit pre 30-06-2021.

Thank you! Would you know what I could use to challenge them? I was under the impression that if the permit was issued pre 30/06, that would be enough, but HO are claiming this is incorrect.

[yellow beard]

Such a request appears unlawful if you got the permit pre 30-06-2021.

Could you please reaffirm that dependence continues to be assumed for purposes of a pre-settlement status application from inside the UK made on foot of an EU SS family permit applied for prior to 30/06/2021 outside the UK for which dependency was assumed?

[katjes]

I think I found it in Appendix EU - https://www.gov.uk/guidance/immigration ... initions-u

dependent parent (a) the direct relative in the ascending line of a relevant EEA citizen (or, as the case may be, of a qualifying British citizen or of a relevant sponsor) or of their spouse or civil partner; and
(b) (unless sub-paragraph (c) immediately below applies) dependent on (as the case may be):
(i) the relevant EEA citizen (or on their spouse or civil partner) at the date of application or, where the date of application is after the specified date, at the specified date, and (unless the relevant EEA citizen is under the age of 18 years at the date of application or, where the date of application is after the specified date, the relevant EEA citizen was under the age of 18 years at the specified date) that dependency is assumed; or
(ii) on the qualifying British citizen (or on their spouse or civil partner) at the date of application or, where the date of application is after the specified date, at the specified date, and (unless the qualifying British citizen is under the age of 18 years at the date of application or, where the date of application is after the specified date, the qualifying British citizen was under the age of 18 years at the specified date) that dependency is assumed; or
(iii) on the relevant sponsor (or on their spouse or civil partner) at the date of application and (unless the relevant sponsor is under the age of 18 years) that dependency is assumed where the date of application is before 1 July 2021; and
(c) this sub-paragraph applies (and the applicant therefore has to meet no requirement as to dependency) where:
(i) the applicant was previously granted limited leave to enter or remain under this Appendix as a dependent parent, and that leave has not lapsed or been cancelled, curtailed or invalidated; or
(ii) the spouse, civil partner or durable partner of the applicant (and with whom they reside) has been granted indefinite leave to enter or remain or limited leave to enter or remain under this Appendix as a dependent parent of the relevant EEA citizen (or, as the case may be, of the qualifying British citizen or of the relevant sponsor) or of their spouse or civil partner, and that indefinite or limited leave has not lapsed or been cancelled, curtailed, revoked or invalidated

If I am reading this correctly - FP = limited leave to enter or remain, which has been granted under Appendix EU. Since the permit was valid until Nov 2021 and they applied in Aug 2021, this should apply. Why should they be punished because HO took 6 months to open the application?

[Ssaima2012]

Hi all

You guys helped me in past getting my parents in law EUSS visa who are currently here and got their pre settled status.As the circumstances has been changed and the (myself) eu sponsor and no eu spouse (husband) got divorced due to no eu spouse mother
My question is as non eu spouse parents was been sponsored by the(myself) eu national and they are no longer dependent of eu national (myself)
Can the home office curtailed or cancellation their pre settled status
Or does eu sponsor (myself) has to inform the home office that they are no longer dependent of me

Kindly help