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EEA family permit for dependent parents

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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siv123
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Posts: 43
Joined: Fri Dec 24, 2010 6:16 pm

EEA family permit for dependent parents

Post by siv123 » Fri Oct 28, 2011 4:34 pm

Hello everyone!

I have been searching this forum for some time to find anyone who can share his experience with EEA family permit for dependent parents. So far, I have been unable to find anyone who has been successful with EEA permit for dependent parents. If you know anyone who has received EEA family permit as a dependent parent, please share your experience. It will help others who need help. What are the requirements for such permit.

If you know any thread link please paste it here.

With thanks!

siv123
Newbie
Posts: 43
Joined: Fri Dec 24, 2010 6:16 pm

Re: EEA family permit for dependent parents

Post by siv123 » Sat Nov 12, 2011 5:17 pm

Hello experts!

Please share your experience. Anyone please?





siv123 wrote:Hello everyone!

I have been searching this forum for some time to find anyone who can share his experience with EEA family permit for dependent parents. So far, I have been unable to find anyone who has been successful with EEA permit for dependent parents. If you know anyone who has received EEA family permit as a dependent parent, please share your experience. It will help others who need help. What are the requirements for such permit.

If you know any thread link please paste it here.

With thanks!

terriblefish
Newbie
Posts: 30
Joined: Fri Nov 27, 2009 7:48 pm

Re: EEA family permit for dependent parents

Post by terriblefish » Sat Nov 19, 2011 2:00 am

I wrote a letter to the HO a few months back, asking questions under the freedom of information act. i only got the answer to one.


1. How many application have been made under the Surinder Singh ruling since 01/01/2010? How many of these applications were successful? What is the average processing time of these applications?

the answer was: 518 applications, 405 issued, and avg processing time 3.23 days.

Darya
Newly Registered
Posts: 17
Joined: Thu Feb 09, 2012 2:48 pm

Post by Darya » Fri Feb 10, 2012 9:35 am

Hello, I am also planning to apply for EEA family permit for my dependent parents. I am transfering 500 pounds to their account every month. Is it enought to prove dependency?
Many thanks!

siv123
Newbie
Posts: 43
Joined: Fri Dec 24, 2010 6:16 pm

Post by siv123 » Sun Feb 12, 2012 3:38 pm

Hello Darya.
Where does your parents live? Do they own that house? What is sufficient depends on where your parents live and how much they need to survive each month. For example If they own a house, they will not be considered as dependent on you. I have so far not seen any case on this forum where some one has successfully got EEA family permit for dependent parents. I hope some one can share his experience.

Best of luck!

Darya wrote:Hello, I am also planning to apply for EEA family permit for my dependent parents. I am transfering 500 pounds to their account every month. Is it enought to prove dependency?
Many thanks!

Darya
Newly Registered
Posts: 17
Joined: Thu Feb 09, 2012 2:48 pm

Post by Darya » Sun Feb 12, 2012 5:27 pm

Hello Siv,

Thanks very much for your reply. My parents are living in Russia, Petrozavodsk. They do own their flat, but we are in the process to transfer this property on my name or the name of my child. They have very low salary and I hope I can prove they are dependent, because we it's not enough for them and we transfer them money every month. I hope money transfer from my husband and me common account would be fine or it should be just his account as he is EEA member? Also I am worried that they have 2 years visitors visa now and they claimed that they own the flat they live in and when they apply for the EEA family member, the embassy might ask who owns this property and if it's me, then they won't consider them as dependent. I thought maybe it's better to transfer the property on my husband's name, so it would really be shown as they are dependent on him. What would you recommend? Thanks very much! Sorry for so many questions.

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Sun Feb 12, 2012 5:44 pm

So in effect you are trying to circumvent the rules by transferring their flat into your name?

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Sun Feb 12, 2012 6:04 pm

As you have already realised, unless there are changes in circumstances, I don't see how they could claim they dependant on you after they have proved that they are self dependant in order to obtain the visitor visa.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sun Feb 12, 2012 11:05 pm

Community law cannot be abused, that will form a basis for refusal, if abusive or fraudulent practice is detected.

Dependency is a question of fact, characterised by the fact that material support if provided by the family member (EEA sponsor or Spouse) to meet their ( Dependent) essential needs.

Having a house does not preclude someone from being dependant, and in theory people can be dependent on more than one person.

However, records of declaration made on a visitors visa application will be produced, and if it is noted that someone applied on the basis that they have enough resource in the country, and then apply in UK as a dependent, that will call into question the credibility of the person, or the genuine nature of their dependency, and could result in refusal.
[b]SEE ARTICLE 35[/b] wrote:
Article 35
Abuse of rights
Member States may adopt the necessary measures to refuse, terminate or withdraw any right
conferred by this Directive in the case of abuse of rights or fraud, such as marriages of convenience.
Any such measure shall be proportionate and subject to the procedural safeguards provided for in
Articles 30 and 31.
Smooth seas do not make skilful sailors

Darya
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Joined: Thu Feb 09, 2012 2:48 pm

Post by Darya » Fri Feb 17, 2012 11:23 am

Thanks very much for your reply Obie. We would need to prove change of circumstances I believe, which might be hard as well. Probably we should look into Tier entrepreneur visa, but it's a lot of money needed.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Fri Feb 17, 2012 2:35 pm

You may be fine, but any action which seems artificially created, could rightly lead to the conclusion, that this is an abuse of community law and would justly lead to a refusal.
Smooth seas do not make skilful sailors

Darya
Newly Registered
Posts: 17
Joined: Thu Feb 09, 2012 2:48 pm

Post by Darya » Fri Feb 17, 2012 2:40 pm

Thanks Obie! Did anyone esle had experience with getting EEA family member visa after visitor's visa.....it's probably would be difficult to prove dependency.....would need a good lawyer for that....let' me know if you know someone with experience.

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