Family Permit: Definition of Dependent

[lamaha]

Another question from me.

I am a German citizen living in the UK since 2001. I am originally form Guyana, South America, and now I want to bring my mother over to live with me.

According to the directive, I can bring in dependent relatives in ascending line, so she would qualify.

However, she is not, to date, financially dependent on me, as she lives from the rent of a house. So I cannot prove financial dependecy.

However, she is without doubt physically dependent, and her coming to me is long overdue. My mother is 93 years old and she has no other children or even other relatives in the country. There are no care homes. She is as fragile as you can imagine a 93- year-old would be, has to use a walking stick and a rollator. and her eyesight is failing. Surely that is enough to claim dependency?

ANyway, I did some googling and found

Code: Select all

http://eumovement.wordpress.com/2008/04/22/definition-of-family-member/,

where there is a more generous definition of "dependent":

Dependent parents and dependent grandparents of either the EU citizen or of the non-EU spouse or partner. Dependent usually means financially dependent, though there may be other legally reasonable interpretations. For non-dependent parents, see beneficiary below.

What do you experienced people think? Would there be problems in using her age and state of fragility as being "dependent"?

What about if she sells the house before leaving the country, and puts the money in my name?

Thanks for any advice!

[86ti]

Serious health issues can be a reason but that may be difficult.

Read about dependency in chapter 5 in the ECIS.

[lamaha]

Serious health issues can be a reason but that may be difficult.

Read about dependency in chapter 5 in the ECIS.

Thanks! I wouldn't say she has serious health issues -- she hardly ever needs a doctor and apart from a cataract she had a few years ago theonlythink wrong with her is the frailty of old age, and a bit of arthritis!
She only needs help with her daily life, and only I can provide it.

[86ti]

But is she/will she be financially dependent on you, e.g. payments for necessary health care and/or does she not have income to support her live?

[lamaha]

At the moment she has a life interest in a property (house) that will be inherited by me and my cousin on her death. The house is rented and that rent is her present income. She does not own the house and neither do we (yet).

If we can all agree to sell the house I guess half of the proceeds will come to me and that is what will be used to support her, as well as my husband's pension and the rent of my own property here in the UK. I do not have an independent income. If the house is not sold we will support her through the rent of above mentioned flat and hubbie's pension.