EU Dependent Parents Application for EUSS Status

[Rye]

I am an EU citizen with a Settled status. My father required urgent cardiac surgery in November. Subsequently, he developed a degree of heart failure such that he requires daily help with washing/personal care, grocery shopping/cooking and other household jobs due to his heart failure. He has a spouse (my mother), who is struggling to care for him due to her clinical depression. There is no one else back in Lithuania to assist them. In terms of paid provision, there is little in the form of home care available in my home country. There is only the option of a care home/nursing home. This would not be affordable from my parents' state pension. However, I would be able to pay for it from my income. This would be a suboptimal solution, however, as ideally I would like him in a home environment rather than a care home.

There is also the question of my mother - I would not describe her as a dependent parent, but rather a spouse of a dependent parent (my father). Of course, I do not want to separate them so she would need to apply as well.

I am ideally placed to provide this care - my husband and I are both NHS doctors, both work part-time so could easily provide all the practical care required between us alongside being financially secure so in a position to support them financially as well.

Given the above, would we stand a chance to obtain successful outcome? We have already started the application by confirming identity via EU:Exit App but some lawyers I reached out to made it sound as we have almost zero chance of success.

Second question is apart from doctors' letters describing my parents' health problems, what additional evidence would be beneficial? And do I upload this evidence together with birth certificate prior to submission?

Lastly, should my mother put in EUSS status application concurrently with my dependent father or whether she should await the outcome of his application first.

I would be very grateful for any advice/pointers or referral to paid lawyers services that would be reliable (many that I contacted recently somehow did not inspire confidence as gave me misleading information)

[Site Admin]

I am an EU citizen with a Settled status. My father required urgent cardiac surgery in November. Subsequently, he developed a degree of heart failure such that he requires daily help with washing/personal care, grocery shopping/cooking and other household jobs due to his heart failure. He has a spouse (my mother), who is struggling to care for him due to her clinical depression. There is no one else back in Lithuania to assist them. In terms of paid provision, there is little in the form of home care available in my home country. There is only the option of a care home/nursing home. This would not be affordable from my parents' state pension. However, I would be able to pay for it from my income. This would be a suboptimal solution, however, as ideally I would like him in a home environment rather than a care home.

There is also the question of my mother - I would not describe her as a dependent parent, but rather a spouse of a dependent parent (my father). Of course, I do not want to separate them so she would need to apply as well.

I am ideally placed to provide this care - my husband and I are both NHS doctors, both work part-time so could easily provide all the practical care required between us alongside being financially secure so in a position to support them financially as well.

Given the above, would we stand a chance to obtain successful outcome? We have already started the application by confirming identity via EU:Exit App but some lawyers I reached out to made it sound as we have almost zero chance of success.

Morning,

I'm very sorry to hear that your dad is poorly.

I'm not sure why the lawyers you consulted said the application had zero chance of success. Maybe they were thinking more along the lines of the Adult Dependent Relative visa, which would be the visa to apply for if you weren't an EU national, for example, if you were just a British citizen or a non EU national with ILR in the UK and wanted to sponsor your parents, as that visa does have a very low success rate, around 2%-3% from what I have read.

However, under the EUSS, I should think there is a good chance of satisfying the criteria stated on pages 123-124 of the EUSS Guidance:

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‘Dependent’ means that, as demonstrated by relevant financial, medical or other documentary evidence:

• having regard to their financial and social conditions, or health, the applicant cannot, or for the relevant period could not, meet their essential living needs (in whole or in part) without the financial or other material support of the relevant EEA citizen (or qualifying British citizen or relevant sponsor) or of their spouse or civil partner
• such support is or was, being provided by the relevant EEA citizen (or qualifying British citizen or relevant sponsor) or by their spouse or civil partner
• there is no need to determine the reasons for that dependence or for the recourse to that support

[...]

This evidence might take the form of for example:

• evidence of their financial dependency, such as bank statements or money transfers to the applicant from the relevant EEA citizen (or qualifying British citizen or relevant sponsor) or the spouse or civil partner
• evidence that the applicant needs and receives (or for the relevant period did so) the personal care of the relevant EEA citizen (or qualifying British citizen or relevant sponsor) on serious health grounds, such as a letter from a hospital consultant

[Site Admin]

Second question is apart from doctors' letters describing my parents' health problems, what additional evidence would be beneficial? And do I upload this evidence together with birth certificate prior to submission?

The birth certificate is key to establish the relationship, if not in English it should be translated. Anything that shows your mum isn't able to care for him would help. I don't know about your financial situation, if you help them financially, this should also be shown.

You should upload all your documents before submission, although they should contact the applicants if they need more evidence, it's always best to provide as much as you can to start with.

Lastly, should my mother put in EUSS status application concurrently with my dependent father or whether she should await the outcome of his application first.

I can see no reason to wait for the outcome, since you are the sponsor and you already have settled status.

I would be very grateful for any advice/pointers or referral to paid lawyers services that would be reliable (many that I contacted recently somehow did not inspire confidence as gave me misleading information)

You will find the details of our legal team here: Lawyers

[Rye]

This is absolute gold, thank you. Just one more Q if I may. A few lawyers I have spoken to said Joining family members must first apply for an EUSS Family Permit before being able to enter the UK and apply for Pre-Settled Status. I do not understand why they cannot apply directly given they have biometric passports and have already verified identity via the EU Exit App. What is your opinion on this?

A second point is The requirement that dependency must have existed at the ''specified date' (which is 31 December 2020) and continue to exist. Is this truly correct?
thank you so much for the work you do.

[Site Admin]

This is absolute gold, thank you. Just one more Q if I may. A few lawyers I have spoken to said Joining family members must first apply for an EUSS Family Permit before being able to enter the UK and apply for Pre-Settled Status. I do not understand why they cannot apply directly given they have biometric passports and have already verified identity via the EU Exit App. What is your opinion on this?

Evening,

To clarify, family members who are, themselves, EEA nationals, should apply before travelling to the UK with their passports and the EU Exit app, non EEA nationals cannot use the app, so they need to apply for the family permit, then come here to apply for pre-settled status. That's the difference between the two ways to apply, it depends on what passport the applicants hold.

A second point is The requirement that dependency must have existed at the ''specified date' (which is 31 December 2020) and continue to exist. Is this truly correct?
thank you so much for the work you do.

Not necessarily. The family relationship should have been in place at the end of 2020, obviously for parents, it was in place since birth. But there's nothing in the guidance that says dependency should have been in place before the end of 2020, parents can become dependent due to ill health, job loss, death of a family member, etc. at any time.