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What makes you think they are eligible in the first place?HenrySpencer wrote:Hi all, this is my first post in this forum. Could anyone please try advise me in the following matter. I am a Irish Citizen living in N.Ireland and would like my parents to come and live with me from S.Africa.
As family members ie dependents?JAJ wrote:What makes you think they are eligible in the first place?HenrySpencer wrote:Hi all, this is my first post in this forum. Could anyone please try advise me in the following matter. I am a Irish Citizen living in N.Ireland and would like my parents to come and live with me from S.Africa.
OP mean Original Poster, ie u in this case!HenrySpencer wrote:yes as dependent family members of an eu citizen exercising treaty rights? do you think they would not be eligible to come and live with me? they would be totally dependent on me. can i ask what OP means? thank you for your replies.
Doc, can you help me with this? As part of my understand and learning curve! How can you become dependent by choice? By deliberately putting yourself into a position of needing support from family? Surely the HO would block that one? Or have I misunderstood?Docterror wrote:Financial dependency can be one of choice and not necessarily be one of necessity.Wanderer wrote:They would have to be 100% financially dependent on you now and have no-one in SA familywise to help
Wanderer, No problem! One day I learn something from you and the next day I get to help you with your learning curve.Wanderer wrote:Doc, can you help me with this? As part of my understand and learning curve! How can you become dependent by choice? By deliberately putting yourself into a position of needing support from family? Surely the HO would block that one? Or have I misunderstood?
Thanks Doc, alles klar!Docterror wrote:Wanderer, No problem! One day I learn something from you and the next day I get to help you with your learning curve.Wanderer wrote:Doc, can you help me with this? As part of my understand and learning curve! How can you become dependent by choice? By deliberately putting yourself into a position of needing support from family? Surely the HO would block that one? Or have I misunderstood?
The financial dependency can be one of choice. Lets say that a parent/s has some other relatives like another son (or someone else) in the country that they apply from, but do not want to be financially dependant on him as they are not even on talking terms, let alone asking for resources to sustain themselves. In such cases, they should be able to be dependant on the son who is in the UK as they are closer to him and he is the only one who is interested in providing for the parents. Seeparagraph 1.2 in page 6 about this. There is no point in stopping an application by the HO of a parent who is not a dependant on a son/relative in some other place other than UK especially as the relative doesnt want the parent to be a dependant on him!
Of course, the age of the parent and whether he has some other source of income will be taken into consideration as well! If the parent is say just 44 and is fully capable of working but then apply saying he is not working and is dependant on the UK based son, the cards will not appear quite as stacked in his favour as a parent who is 65 and retired.
Sorry to be an accomplice in a hijacking, but I must admit that in this way the EEA route has another "loophole" that can be manipulated compared to the UK Immigration rules. Then again with the right combination of deceit and oppurtunity one can always manipulate almost any set of rules especially if an ineligible person was to get an eligible person as an accomplice. Which is exactly why checks like the necessity of proof that no British/EEA is eligible for a work before work permits are issued; proof of co-habitation for marriages of convenience etc is required. Inspite of all that it would be foolish to believe that the occasional person who created a false job for making his non-EEA relative to get his ILR/naturalisation or someone who marries a British national just for the the spouse visa/ILR etc is not successful under the UK rules as well.Wanderer wrote:But I do think it's open to manipulation in order to gain entry to UK. Let's say a parent is a dependent of a son in his home country, decides he fancies living with his son in the UK, and so 'decides' is home son is persona non-grata
A variant of this is what we are seeing in the other post with Rai72. It boggles my mind to think that a dependant is allowed to work and thus beat the very definition of being a dependant, while a non-EEA national parent in custody of an EEA child is not allowed to work in keeping with the CHEN ruling.Not related to the OP of course but what happens if a dependent arrives here on the strength of being dependent on his UK-based son, and then there is a fall-out or the family cannot actually afford to support the dependent due to change of circumstances