Query for Family Members of a EEA National

[Bing]

Hi everyone,

I am a visa national to UK and so are my parents. But my husband is an Irish. We will have been living in UK for 10 years this year. I applied PR last week through EEA-Route. After that, we plan to move out UK for a few years before we return to UK for kids' education.

Cut it in short, after we move back, I want to have my parents moved to UK with us. I checked the UKBA website and it states my parents have to dependent on me.

Well, my parents are not really dependent on us financially. I am wondering what kind of proof I need to show in order to apply this visa?
Does anyone have similar experience? Would be extremely grateful for any thoughts..

Thanks a lot
Bing

[Lucapooka]

Well, my parents are not really dependent on us financially.

So they won't qualify. They need to be.

[EUsmileWEallsmile]

Your parent question has been answered. One other point, you can be out of the UK for up to two years without affecting you PR. Otherwise you start again.

[Bing]

well, if I transfer money to them monthly for the next few years, would that be sufficient?

Well, my parents are not really dependent on us financially.

So they won't qualify. They need to be.

[Bing]

Your parent question has been answered. One other point, you can be out of the UK for up to two years without affecting you PR. Otherwise you start again.

I think in my previous post, there was a discussion about this. I gathered that If I come back to UK every two years, it should be ok.

[Lucapooka]

Giving them money does not make them dependant if they have their own money as well. Or are you suggesting they deliberately shed their current assets and income to become impoverished and then live on your benevolence to qualify for entry to the UK? That would be crazy and likely to be invalid in any case.

[EUsmileWEallsmile]

Your parent question has been answered. One other point, you can be out of the UK for up to two years without affecting you PR. Otherwise you start again.

I think in my previous post, there was a discussion about this. I gathered that If I come back to UK every two years, it should be ok.

Correct.

[EU_lawyer]

Dependence is not the only ground for claiming a right of residence.

As "extended family members" they would also have a right to apply to reside with you if there were serious health grounds that made them reliant upon you.

Another ground is that they are member of your household. For that they would need to be living with you in the country from which you come. For example, if you choose to go and live in France and your parents were to join you there and be allowed to reside with you, then you'd have a right to apply for them to join you in the UK upon your return.

Your parents would not have an automatic right (unlike if they were dependent upon you), but the UK authorities would need to make a personal assessment of their situation and provide full reasons for any rejection of the application.

For further details, please feel free to make an enquiry to Your Europe Advice:
http://ec.europa.eu/citizensrights/fron ... dex_en.htm

[EUsmileWEallsmile]

Parents are family members by definition. Dependency is a requirement.

[Bing]

Giving them money does not make them dependant if they have their own money as well. Or are you suggesting they deliberately shed their current assets and income to become impoverished and then live on your benevolence to qualify for entry to the UK? That would be crazy and likely to be invalid in any case.

Thanks for you reply. I am not suggesting anything. I am just looking to see if there is any possibility. After their retirement, I would love to look after them. It does not have to be financially, doesn't it?

[Bing]

Parents are family members by definition. Dependency is a requirement.

Yeah..but how to assess dependency is my question..

[Bing]

Thank you!

Dependence is not the only ground for claiming a right of residence.

As "extended family members" they would also have a right to apply to reside with you if there were serious health grounds that made them reliant upon you.

Another ground is that they are member of your household. For that they would need to be living with you in the country from which you come. For example, if you choose to go and live in France and your parents were to join you there and be allowed to reside with you, then you'd have a right to apply for them to join you in the UK upon your return.

Your parents would not have an automatic right (unlike if they were dependent upon you), but the UK authorities would need to make a personal assessment of their situation and provide full reasons for any rejection of the application.

For further details, please feel free to make an enquiry to Your Europe Advice:
http://ec.europa.eu/citizensrights/fron ... dex_en.htm