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EEA Family Permit for Dependent Father in Law

Posted: Fri Sep 09, 2016 5:40 pm
by g111
Hi everyone!

I am a British national, living in England with my EEA husband, who is a permanent resident for over 5 years. My father (78) is American and lives in the USA.

My husband and I have been sending my father money, mainly from my husband's account. Recently he fell and broke his hip, and he was badly treated in hospital, developing a terrible sore on his foot from hospital neglect. His insurance is about to run out and they will stop sending him nurses to his home to dress his wound.

I think my father should apply for an EEA family permit as we has been supporting him financially and now we will need to support him physically. His pension covers 3/4 of his expenses and we carry the rest, so I am worried they will say that he is not dependent enough on us financially or physically. I have booked the flights to bring him here in October, but he must apply that he is joining my husband, the EEA national, in order to qualify for the EEA family permit.

My question is, do you think this will be enough evidence?

Evidence of Relationship
- certified copy of our marriage certificate
- certified copy of my birth certificate showing him as my father
- certified copy of mine, my husband's, and his passport
- photographs of us all together on various occasions, including our wedding
Evidence of Financial Dependency
- my father's and our bank statements showing our payments, 4 over the last 6 months
- letter explaining his circumstances
- a copy of his budget / list of expenses
Evidence of Physical Dependency
- medical report / letter from his doctor indicating his circumstances
- medical bills
- photographs of the sore on his feet?

Many thanks!

G

Re: EEA Family Permit for Dependent Father in Law

Posted: Fri Sep 09, 2016 8:53 pm
by noajthan
You just need to show (and prove) dependency as a 'matter of fact' in the here and now. That is support for essential daily needs.

Motive/lifestyle choice/reason for the dependency doesn't come into it.
Refusals cannot be justified for such 'reasons', you have EU case law on your side there.

Not sure how much the medical detail helps.

However expect a rough ride, see related cases:
http://www.immigrationboards.com/immigr ... t#p1380990

http://www.immigrationboards.com/europe ... t#p1367705

http://www.immigrationboards.com/eea-ro ... t#p1344463