EEAfamily permit for parents

[yoyoyo]

Hello everyone
pls i need ur help to write my appeal. my father has been refused of the EEA permit bc they stated they are not satysfied by the proofs we submitted. he is unemployed, living under my same roof, and financially depending on me. I m currently leaving in my EU country and planning to move to Uk soon. They stated the reject was made even bc here he has another close family member who can provide for his sussistance, his wife. can u help me pls?

[Wanderer]

How old is he?

[yoyoyo]

How old is he?

over 60

[86ti]

They stated the reject was made even bc here he has another close family member who can provide for his sussistance, his wife.

Can she provide for him? Does she work?

[yoyoyo]

They stated the reject was made even bc here he has another close family member who can provide for his sussistance, his wife.

Can she provide for him? Does she work?

She works but I provide for him and want him to join me in Uk

[86ti]

She works but I provide for him and want him to join me in Uk

By law of your country she may be obliged to provide for him and the embassy may rely on that. But I am not sure if the embassy (or later the British Home Office) can take that into account. In any case you may have to explain why she doesn't.

[Obie]

More details please. From which country are you applying from? are you the EEA national, or you are dependent on someone? What was the basis for refusal. Did you provide evidence of financial dependancy and relationship?

What evidence did you provide them of you exercising EU treaty rights, and are you a so called " Qualified" Person.

[yoyoyo]

More details please. From which country are you applying from? are you the EEA national, or you are dependent on someone? What was the basis for refusal. Did you provide evidence of financial dependancy and relationship?

What evidence did you provide them of you exercising EU treaty rights, and are you a so called " Qualified" Person.

I am applying from an EU country. I am EEA national, Not depending on anyone.
As evidence I presented my income report and my birth certificate

[Rozen]

As evidence I presented my income report

By this, do you mean proof of your income? You need to show proof that your father actually depends on you.

[86ti]

As evidence I presented my income report

By this, do you mean proof of your income? You need to show proof that your father actually depends on you.

But the real problem is that there is a wife (of the father) who is working. Is the father therefore really dependent on the OP (not just practically as he/she claims but legally)? Or is even the wife's income not sufficient to support both of them?

[yoyoyo]

As evidence I presented my income report

By this, do you mean proof of your income? You need to show proof that your father actually depends on you.

But the real problem is that there is a wife (of the father) who is working. Is the father therefore really dependent on the OP (not just practically as he/she claims but legally)? Or is even the wife's income not sufficient to support both of them?

We live under the same roof and never legally claimed my father as dependent on me.
That's what I found surfing...does anybody know whether is still valid?

European Casework Instructions, chapter 2 (non-EEA family members), point 2.4

2.4
Extended family members
Regulation 8 of the 2006 Regulations covers extended family members (for example, brothers, sisters, aunts and cousins). It also covers direct family members (such as parents or children over the age of 21) who have failed to provide evidence of financial dependency.
An applicant may be considered under regulation 8 of the 2006 Regulations if s/he falls within any of the following conditions (see overleaf):
•
Was living as part of the EEA national's household in an EEA state before the EEA national came to the United Kingdom¹; or
•
Is living as part of the EEA national's household in the United Kingdom; or
•
Has joined the EEA national in the UK and continues to be dependent on the EEA national or his/her spouse (see section 2.3.2); or
•
Strictly requires personal care from the EEA national on serious health grounds; or
•
Can prove that s/he is in a durable relationship with the EEA national²

¹Note: there is no dependency test for persons who can show that they have lived under the same roof as the EEA national before coming to the UK.

[86ti]

It is still valid but the relevant part for you is 2.3.2 as your father is a direct family member and not an extended one.

[yoyoyo]

It is still valid but the relevant part for you is 2.3.2 as your father is a direct family member and not an extended one.

Thank you for the post. I compared them both but on 2.4 it also states that parents are included (written on the brackets)

2.3.2 Dependency (including other family members)
After the initial 3 months period of residence, the children of a student must be dependent on the EEA national. In all other cases there is no dependency requirement for children aged under 21. The EEA national simply needs to be present in the UK and exercising Treaty rights for such persons to have a right of residence.
Other relatives in the ascending or descending line of an EEA national or his/her spouse must show that they are dependent:
•
There is no need to determine the reasons for recourse to the financial support or to consider whether the family member is able to support him/herself by taking up paid employment;
•
The definition of dependency only includes financial dependency (material support); it does not include emotional dependency.
•
Financial dependency should be interpreted as meaning that the family member needs the financial support of the EEA national or his or her spouse/civil partner in order to meet the family members essential needs in the country of origin – not in order to have a certain level of income.
2.4 Extended family members
Regulation 8 of the 2006 Regulations covers extended family members (for example, brothers, sisters, aunts and cousins). It also covers direct family members (such as parents or children over the age of 21) who have failed to provide evidence of financial dependency.
An applicant may be considered under regulation 8 of the 2006 Regulations if s/he falls within any of the following conditions (see overleaf):
•
Was living as part of the EEA national’s household in an EEA state before the EEA national came to the United Kingdom¹; or
•
Is living as part of the EEA national’s household in the United Kingdom; or
•
Has joined the EEA national in the UK and continues to be dependent on the EEA national or his/her spouse (see section 2.3.2); or
•
Strictly requires personal care from the EEA national on serious health grounds; or
•
Can prove that s/he is in a durable relationship with the EEA national²
¹Note: there is no dependency test for persons who can show that they have lived under the same roof as the EEA national before coming to the UK.

[Obie]

Please note that this means, if you live in the same household as your father, with you having primary ownership of the household, ie paying mortgage or rent, then dependency requirement is not required, as you are responsible for the roof over their head anyway.

If you don't pay the rent or own the home, then you have to provide evidence of dependency.

[yoyoyo]

Please note that this means, if you live in the same household as your father, with you having primary ownership of the household, ie paying mortgage or rent, then dependency requirement is not required, as you are responsible for the roof over their head anyway.

If you don't pay the rent or own the home, then you have to provide evidence of dependency.

Thank you for explaining but where is this written?

[meats]

Please note that this means, if you live in the same household as your father, with you having primary ownership of the household, ie paying mortgage or rent, then dependency requirement is not required, as you are responsible for the roof over their head anyway.

If you don't pay the rent or own the home, then you have to provide evidence of dependency.

Thank you for explaining but where is this written?

Common sense.

What's to stop him living with his wife?

[86ti]

Ok, now I see it why you quoted section 2.4. If you fail to provide evidence of financial dependency direct family members can be considered as extended family members and Note 1 would be in your favour.

[Obie]

any other family members, irrespective of their nationality,
not falling under the definition in point 2 of Article 2 who,
in the country from which they have come, are dependants
or members of the household of the Union citizen having
the primary right of residence, or where serious health
grounds strictly require the personal care of the family
member by the Union citizen;

Primary right of resident here could be interpreted as the Legal tenant or Mortgage Holder. If someone leaves under your roof, they are considered a dependent under those circumstance, and hence need not furnish additional proof.

Also remember that Article 3 family members don't have absolute rights. Memberstate are oblige to process their application in accordance with national regulation. They have a degree of flexibility with them.