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EEA Family Permit Application, proof of dependency

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mcovet
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EEA Family Permit Application, proof of dependency

Post by mcovet » Wed Oct 13, 2010 12:21 am

I am intending to bring in my granma as a Dependant Family Member.

I have proof of relationship and the EEA national exercising treaty rights. The final proof of dependency is in the form of regular bank transfers (6 months of bank transfers). She is living with my parents, in their flat, however, she has recently become totally disabled, and they can't afford the medication etc.

In addition, they are thinking of either selling their 2 bedroom flat to buy a 1-bedroom flat or rent the second room out (it's isolated etc). In this case my granma would end up homeless, or I will have to pay my parents rent (which they wouldn't take) and this creates an awkward situation.

I know that the proof of dependency for the EEA application is lower than for the corresponding one under the National Immigration rules.

We have the following as proof of dependency:

1) Written Statement/Confirmation by myself and EEA national of financial support and intended continuing support once in the UK;
2) proof of my granma's pension- very low;
3) receipts for medication, showing that her pension can't cover it;
4) proof of my parents' income (pensioner father and teacher mum);
5) doctor's statement of my granma's disability;
6) 6 bank statements showing bank transfers during the period;
7) proof of ownership of the flat;

I am considering to submit the following in support-

8) statement by my mother of the intent to sell/rent the flat;
9) EEA's document certifying permanent residence (but probably irrelevant);


I would appreciate your input if the application gets rejected, she's 78 and my EEA national hubby is a residential care worker by profession, so would be perfect to look after her in the UK. What is the appeal process, I will be flying back to the UK, but I will need to take back the original supporting docs, wouldn't want to leave them behind.

How long the appeal takes and, if so it happens we get the refusal, we would still continue to transfer the money, and keep trying to establish dependency by the follow-up applications as they are free anyway. The only downside is the woman is disabled and can't keep going to the embassy for the application forms etc, and the ILLEGAL requirement to provide biometric data.

Anyway, sorry for the long post, hope someone could advise on the dependency aspect.

Thanks in advance

avjones
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Post by avjones » Wed Oct 13, 2010 1:28 am

Just to check - your husband is a non-UK EEA national, exercising treaty rights in the UK, and you are his wife, is that right?

As the Home Office guidance puts it:

Financial dependency should be interpreted as meaning that the family member needs the financial support of the EEA national or his or her spouse/civil partner in order to meet the family members essential needs in the country of origin – not in order to have a certain level of income.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

mcovet
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Post by mcovet » Wed Oct 13, 2010 10:57 am

thank you for your response.

I am aware of the statement and also of the Directive and Regulations, I just wanted to ask if the above documents would be sufficient. The HO guidance can be interpreted broadly. If this were a case of the British National trying to bring in a dependent, this would have been much harder, with the EEA route it sounds some way easier, and I was hoping that the docs should suffice.
Thanks again for your response, and yes, the first paragraph you wrote does describe my situation.

86ti
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Post by 86ti » Wed Oct 13, 2010 11:15 am

Didn't we have a comment here some time back that it is not important as to why a family member is dependent but only the actual dependency counts? Anyway, your list of documents seems to be quite comprehensive. Regarding the biometric data have you contacted the embassy yet to see if they would waive this requirement?

mcovet
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Post by mcovet » Tue Oct 19, 2010 10:33 am

Hey, thanks. I have written to them but they seem to reply in generic terms and give links to the UKBA website explaining the reasoning behind the need for Biometric Data submission, WITHOUT actually answering the question I'd asked: "where do you derive your authority from? especially in the view of Art.24 of the Directive 2004/38 AND neither the Regulations 2006 mention anyth about it."

Anyway, I'll just bite the bullet and take her. We had an app on 12 October, but gran was ill so rescheduling it now for next week. Seems annoying, but no time to prove who's right, unfortunately, they wouldn't accept the application without the Bio Data.

Thanks again for the reply


86ti wrote:Didn't we have a comment here some time back that it is not important as to why a family member is dependent but only the actual dependency counts? Anyway, your list of documents seems to be quite comprehensive. Regarding the biometric data have you contacted the embassy yet to see if they would waive this requirement?

abulotus
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Post by abulotus » Sat Dec 04, 2010 8:29 pm

I find this topic relevant to a situation I am in. Any updates, mcovet? did they issue FP for your grandma?

mcovet
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Post by mcovet » Sun Dec 05, 2010 3:11 am

Healt wouldn't permit her to travel so no application was lodged. Although, I think it would've been successful if lodged. What's your situation?



abulotus wrote:I find this topic relevant to a situation I am in. Any updates, mcovet? did they issue FP for your grandma?

abulotus
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Post by abulotus » Mon Dec 06, 2010 1:11 pm

I have been trying to bring my father over to the UK. I am non-EU with RC. His application for FP was rejected twice on the grounds he is not dependent on me. I have been sending money to him and I included all the receipts with his F application but still no success.

He has serious heart troubles and will need close health care.

I am in and between to lodge an appeal which could take some good 16 weeks for a hearing to take place, or apply for a visit visa and then send EE2 application to the home office while in the UK. I will get him seen by doctors here and include all the documents related to his health condition from here and from overseas. Hopefully his application will be approved.

What do you reckon?

abulotus
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Post by abulotus » Sat Dec 25, 2010 3:22 pm

Unfortunately the 3rd application for EEA FP was refused after 1 month waiting. The ECO on this occasion said that my father has other sons and 1 daughter who live in our origin country although I have been the "main" person who sends money regularly. The ECO did not consider any of the medical reports we attached to the application.

I'm getting more determined now to fight till the end. Could experts please offer some advice which of these would be the best next step :

1 - Lodge an appeal here in the UK?
2 - Re-apply for a visitor visa and while here send an EEA2 application to the home office
3 - Re-apply again to EEA FP?


Thanks all for your help

86ti
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Post by 86ti » Sat Dec 25, 2010 3:55 pm

abulotus wrote:The ECO on this occasion said that my father has other sons and 1 daughter who live in our origin country although I have been the "main" person who sends money regularly.
Maybe this helps.

abulotus wrote:2 - Re-apply for a visitor visa and while here send an EEA2 application to the home office.
I do not quite see how that would work, now as the embassy knows about your plans. Your parents would have to include evidence that they will return.

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