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Proving dependency over 21yrs old

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

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Garth1989
Junior Member
Posts: 62
Joined: Wed Jul 30, 2014 2:07 pm

Proving dependency over 21yrs old

Post by Garth1989 » Thu Jan 19, 2017 9:26 pm

Hi Guys

I wonder if someone could give me some more info on the below query. I'm a non EEA national living in the UK since January 2015 with my EEA national father. I received a BRP in April 2016 as a dependent child over 21yrs old (I'm 26yrs). It's was easy enough to prove dependency for the BRP application as I'm still at university and my father pays all the bills. However, I'm finishing university in the summer and I'm looking to get a job in the city after that. I would like to contribute to our rent and bills once I start working as I believe it is the right thing to do. However, I see a problem arising in the next few years when I look to apply for Permenent residence as a dependent over 21yrs as I may very well be an economically independent person at that stage even though my father and I will still stay in the same house as it makes more financial sense.

My question is, if I am contributing to the rent and paying my own way in terms of other bills such as food, am I deemed to no longer be dependent ?. Im worried that I will be asked to leave in a few years as I won't be able to meet the requirements for a dependent. I don't understand why the uk government would ask an economically active tax paying individual to leave based on circumstances that are the course of life. I know that they allow family members to undertake employment so I don't see how they could be surprised if someone under my immigration category becomes less dependent on their EEA national family member over the years.

Any comments would be appreciated.

Thanks

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Proving dependency over 21yrs old

Post by noajthan » Thu Jan 19, 2017 9:39 pm

You are in UK on basis of your dependency on sponsor.
Up to approx 50% dependency for essential daily needs.
To remain in UK embrace that dependency, don't lose it.

A member's parent was recently denied a RC after losing their previous one;
reason for denial: inability to prove ongoing dependency.
So HO tends to plays hardball.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Proving dependency over 21yrs old

Post by noajthan » Thu Jan 19, 2017 10:30 pm

Taking a contrarian view, you're unlikely to have enough time to acquire PR in the normal way.
So you are probably going to have to rely on the outcome of Brexit negotiations to settle your status at the end of the day.
That may mean your future income is less important.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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

Re: Proving dependency over 21yrs old

Post by Obie » Fri Jan 20, 2017 2:25 am

noajthan wrote: Up to approx 50% dependency for essential daily needs.
.
What is the legal basis for the 50% if i may ask, is it from the interpretation of law or policy?

If a person rely on 20% of support to meet essential needs, is it the case, that they will not be classified as dependent?
Smooth seas do not make skilful sailors

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Proving dependency over 21yrs old

Post by noajthan » Fri Jan 20, 2017 9:05 am

Obie wrote:
noajthan wrote: Up to approx 50% dependency for essential daily needs.
.
What is the legal basis for the 50% if i may ask, is it from the interpretation of law or policy?

If a person rely on 20% of support to meet essential needs, is it the case, that they will not be classified as dependent?
Our friend HO guidance Obie.
The ubiquitous guidance - which in this case appears to be quite generous.
The applicant does not need to be dependent on the relevant EEA national to meet all or most of their essential needs.
For example, an applicant can still be considered dependent if they receive a pension to cover half of their essential needs and money from the relevant EEA national to cover the other half.
https://www.gov.uk/government/uploads/s ... als-v4.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Garth1989
Junior Member
Posts: 62
Joined: Wed Jul 30, 2014 2:07 pm

Re: Proving dependency over 21yrs old

Post by Garth1989 » Fri Jan 20, 2017 10:41 am

Thank you for your replies.

I will make sure to keep a paper trail showing that at least 50% of my needs are paid for by my parent.

Let's hope though that the Brexit negotiations work out favourably for both EEA nationals and their relatives. Would be lovely if they gave us all PR without asking to many questions in the years to come.

Garth1989
Junior Member
Posts: 62
Joined: Wed Jul 30, 2014 2:07 pm

Another question about CSI !!

Post by Garth1989 » Fri Jan 20, 2017 12:09 pm

Hi Guys

Iv been trying to wrap my brain around this Comprehensive sickness insurance issue. If I am a dependent over 21yrs old (non EEA) family member of someone who is exercising their treaty rights as someone in full time employment, do I need CSI ?.

I understand that my EEA family memeber does not require it but I'm not entirely sure if I do ?

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Another question about CSI !!

Post by noajthan » Fri Jan 20, 2017 12:38 pm

Garth1989 wrote:Hi Guys

Iv been trying to wrap my brain around this Comprehensive sickness insurance issue. If I am a dependent over 21yrs old (non EEA) family member of someone who is exercising their treaty rights as someone in full time employment, do I need CSI ?.

I understand that my EEA family memeber does not require it but I'm not entirely sure if I do ?
No, not unless sponsor is selfsufficient or a student.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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