Dependent parent PR Card refused

[avneric1]

Hi guys.
My story as follows. I am an EU national holding a Permanent Residence card. My mother has been holding a Registration Certificate (A2 country) since 2011 as my dependent. In the meantime, she was a full-time carer until last year when she retired according to the UK state pension age. She has also got National Insurance credits which are reflected in her NINO contribution statement. She has also been receiving Housing Benefit and Carer`s Allowance for the last 3 years.

Upon applying for a PR card and listing as her sponsor the refusal letter stated that her work was not genuine and effective and also that she had claimed benefits and she is entitled for an appeal.

After reading through EU law I think this is wrong as quote"Are you working, a pensioner, have your own resources? If you are working, are a pensioner or have sufficient resources, your parents will be treated in the same way as your spouse or children.This means that they can stay there as long as they want - even if they don't work or need income support. They should enjoy the same rights, benefits and advantages as nationals."

Moreover, as she is now a pensioner - quote"You may qualify for permanent residence in less than 5 years in any of the following situations: if you retire and have worked in the country for the last year, or have lived there continuously for 3 years".

Does anybody had encountered a similar situation? Does she have any chance through an appeal?
Many thanks.

[avneric1]

Anybody?

[Wise]

Appeal as advised because the people that will hear your case will decide it according to the EU law but i quess the caseworker make such decision because of the housing benefit.That is the advantage of using the old form that doesn't ask such question.

Hopefully some well knowledgeable person will respond to your thread.

[avneric1]

Many Thanks Wise for your reply.

We have already appealed and requested a paper based hearing. The tribunal confirmed we have until the 13TH of April to submit any evidence.

We used the europa eu official information in which clearly states "Parents with EU citizenship: they will be treated in the same way as EU spouses and children.As EU nationals, your spouse, children and grandchildren acquire the right to permanent residence if they have lived legally in the host country for a period of 5 continuous years, under the same conditions that apply to you. This means that they can stay there as long as they want - even if they don't work or need income support. They should enjoy the same rights, benefits and advantages as nationals."

This is a clear statement and should not be impacted by the virtue of her receiving housing benefit.

If anybody else can advise would be grateful.

Thank you.

[JS1969]

Hi avneric1,

Could you please share an update on your case?

I am in a similar situation and plan to appeal all the way to CJEU. I personally do not believe the dependency should continue throughout the five years period though I understand that is the position of the Secretary of State.

The continued dependency is a requirement of the directive for EFM under article 3 and not so for FM under article 2 fo the directive 2004/38.

We could work together on this issue and petition/complaint to the EU Council and EU Parliament for consideration while that may not solve our issue it would bring matter to EU attention and put pressure on Secretary of State.

Please let me know if either of you are interested.

Best
JS

[Obie]

You have to stop opening these old and aged thread. This is not accepted. Please desist from doing this.

[JS1969]

Obie,

An year is not that old for those who are facing an EEA appeal. My in-laws application was rejected in May 2017 and an EEA appeal hearing date was allocated for May 2018.

There is a chance others could be in a similar situation.

Thanks

[CR001]

Obie,

An year is not that old for those who are facing an EEA appeal. My in-laws application was rejected in May 2017 and an EEA appeal hearing date was allocated for May 2018.

There is a chance others could be in a similar situation.

Thanks

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