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EEA2 family application - proof of address/dependency HELP!!

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irishkin
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Joined: Thu Nov 29, 2007 2:46 pm

EEA2 family application - proof of address/dependency HELP!!

Post by irishkin » Thu Jun 19, 2008 12:11 am

Hi everybody.
I am a Dutch citizen, my parents are non-EU citizens. They entered the country on EEA family permit in January and we applied for residence cards with EEA2 forms. Today we got a letter from Home Office asking for the following:
- evidence to show that they both live with me such as correspondence for them both addressed to the above address

QUESTION: how do I do this? There is no correspondence! I am the leasholder, I pay the bills, I have the bank accounts, my parents live with me and have no independent life as such: no bills, nothing! They live with me, that's the extent of it - what do I do?

Regarding dependency, there is no guideline in the letter to say what kind of proof is needed? What do I do?

Thanks, everybody!!

eufreemovement
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Posts: 33
Joined: Sun Oct 28, 2007 11:00 am

Re: EEA2 family application - proof of address/dependency HE

Post by eufreemovement » Thu Jun 19, 2008 9:38 am

irishkin wrote: Regarding dependency, there is no guideline in the letter to say what kind of proof is needed? What do I do?

Thanks, everybody!!
Please see para 35 to 41 for the definition of dependency and Proof. '......the Court has held that, given the lack of precision as to the means of acceptable proof by which the person concerned can establish that he or she comes within one of the classes of persons referred to in Articles 1 and 4 of that directive, it must be concluded that evidence may be adduced by any appropriate means (see, inter alia, Case C‑363/89 Roux [1991] ECR I‑1273, paragraph 16, and Case C‑215/03 Oulane [2005] ECR I‑1215, paragraph 53)........................."


http://eur-lex.europa.eu/LexUriServ/Lex ... 01:EN:HTML -- Judgement of Jia Case C-1/05

irishkin
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Posts: 14
Joined: Thu Nov 29, 2007 2:46 pm

EEA2 dependense and proof of address

Post by irishkin » Thu Jun 19, 2008 1:36 pm

eufreemovement, thanks for the link, I read through it: would you know what "essential needs" mean? And any appropriate means for evidence - any examples?
What about proof of address? What can I do?

eufreemovement
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Posts: 33
Joined: Sun Oct 28, 2007 11:00 am

Re: EEA2 dependense and proof of address

Post by eufreemovement » Thu Jun 19, 2008 4:30 pm

irishkin wrote:eufreemovement, thanks for the link, I read through it: would you know what "essential needs" mean? And any appropriate means for evidence - any examples?
What about proof of address? What can I do?
Are you supporting financially your mother? Is there any bank statements or any other material support you are providing to your mother.

EU law doesn't say particular specific proof. You can prove this by any means.

In particular, you mentioned that your mother arrived here under EEA Family Permit. As such that itself is a proof for this purpose.

'Living Together' - means - the term should have to be interpreted broadly. It means if you live together with your mum as a join family in the country of origin or any country or here. For the purpose of EU Free movement of workers, even the family members need not necessarily to live together after their arrival to that host member state. (For your purpose, the host member state means 'UK')

Ofcourse the relation is blood related family member and you are exercising treaty rights here at UK. They should consider.

Pasha
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Post by Pasha » Thu Jun 19, 2008 7:23 pm

The most obvious one would I would suggest is your council tax bill which your parents will be on if they are living with you.

Other document could be proof of registration with a doctor or bank account statement. Or you could simply change one of your utility bill into their name but maintain payment from your account for any of your household bill.

As the home office is asking for proof of residence with you in the UK, these should suffice.

irishkin
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Joined: Thu Nov 29, 2007 2:46 pm

Post by irishkin » Fri Jun 20, 2008 9:25 am

Thanks, everybody.
Added their names on electricity and water bills, and also bought an additional TV license in one of their names.

Council tax bill actually more of a challenge, the guy there told me that they will only put the name of the person liable for it, i.e. me. They would only add parents if they are jointl liable, which they are not as they are not on the tenancy agreement.

But I hope water,electricity, TV license is enough.

BTW, GP refused to register - says parents have to have been in the coutnry longer than 6 months (will only happend end of July) and must have proof that they have been living continuously here. Isn't it a bit odd - I thought the expectation to stay longer than 6 months is a pre-requisite, and their passports are at home office to start with, so??

thsths
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United Kingdom

Post by thsths » Fri Jun 20, 2008 10:11 am

irishkin wrote:BTW, GP refused to register - says parents have to have been in the coutnry longer than 6 months (will only happend end of July) and must have proof that they have been living continuously here. Isn't it a bit odd - I thought the expectation to stay longer than 6 months is a pre-requisite
Correct. The EEA Family Permit leads to residence, and as such it should be proof enough. You can contact your NHS trust, and they should assign you a GP.
and their passports are at home office to start with, so?
That is the main problem, I guess. But you can always ask for them to be sent back. However, currently the process seems a bit chaotic, so it may take anything from 2 to over 4 weeks.

Tom

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