Peace and Solidarity

Announcement

Collapse

THIS FORUM IS NOW CLOSED

If you would like to see this valuable resource remain open as a respoitory, we need your help with the cost of hosting it: Help us keep this site online


Unfortunately our funding came to an end. We achieved what we set out to do since 2016, which was to help as many people as possible, to secure their status here in the UK after Brexit. It was a great pleasure to be here for all of you during all these years and to share the joy of all your success stories. Each and every success made our day, as did your support and very kind words.

See more
See less

Proof of dependency request

Collapse
This is a sticky topic.
X
X
Collapse
Who has read this thread:
  • Filter
  • Time
  • Show
Clear All
new posts

  • Refer to HO Proof of dependency request

    Hi, i hv pre s status. I applied visa as Eu family member for my mother i applied in 20 -03- 21
    She got visa 25-06-21
    She arrived Uk 22-07-21
    Then she applied for pre settled card 31-08-21
    And yesterday home Ofice sand this email thay need dependency documents evidence
    Please any one can help about this what to do thanks regards ?

  • #2
    Louis M (lawyer) Would you be able to comment on this?

    They keep coming thick and fast, these applications where they applied for the family permit before the end of last June when dependency was assumed. I have sent an email to the Home Office about this but haven't got a response yet.

    The last email I had from them on this subject said the following:

    Originally posted by European Casework said
    I can confirm that an application for an EUSS Family Permit submitted before 30 June would be considered in line with the guidance in place at the time the application was submitted. As such, if an application is submitted before 30 June and considered after this date, dependency would be assumed in line with the guidance in place at the time of application.

    Where an application is then made as a Joining Family member after the 30 June deadline, dependency would not have to be evidenced again since we would consider dependency to have been proved at Entry Clearance.

    I hope this is of assistance.

    Kind regards,

    European Casework

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities.

    Comment


    • #3
      My father received an email today asking for proof of dependency. He applied tor EUSS family permit in March 2021. I called the resolution centre today and they told me to upload proof that the EUSS family permit application was made before 30 June deadline.

      I have forwarded the email from the case worker the admin of this forum.

      @Admin do you maybe have a link the guidelines and the page number where it states that dependency is assumed for EUSS family permit and pre settlement application (even of pre settlement application is made after 30 June)?


      Originally posted by Site Admin View Post
      Louis M (lawyer) Would you be able to comment on this?

      They keep coming thick and fast, these applications where they applied for the family permit before the end of last June when dependency was assumed. I have sent an email to the Home Office about this but haven't got a response yet.

      The last email I had from them on this subject said the following:

      Comment


      • #4
        Tariq N (lawyer) Louis is on leave at the moment, would you be able to comment on this?

        I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities.

        Comment


        • #5
          I have seen a few refusals and all had to be dealt by appeals which is unfair. One of these applications was refused by the HO and then refused by the First Tier judge. Just goes to show that even judges get it wrong. It has now come to me to take to the Upper Tier. I am hopeful it will get resolved.

          I am the Principal of the Practice ACS Visas and I am a Level 3 Regulated Adviser, authorised by the Office of Immigration Services Commissioner (OISC) to provide advice in both Immigration and Asylum. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Tariq N for full details.

          Comment


          • #6
            All my appeals have been allowed at the First Tier on this and related issues of Family Permit applications made befoe 1 July 2021.

            I am the Principal of the Practice ACS Visas and I am a Level 3 Regulated Adviser, authorised by the Office of Immigration Services Commissioner (OISC) to provide advice in both Immigration and Asylum. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Tariq N for full details.

            Comment


            • #7
              I have made this a "sticky" topic and have also created a new area of the forum for these queries, as we are seeing a lot of them.

              I have sent an email to the Home Office to query this, and it was also raised at the last user group meeting last week.

              I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities.

              Comment


              • #8
                I think we might all find it useful that the laws changed in December 2021 regarding the definition of dependency. Please find below the new immigration rules and definition of a dependent parent.
                Immigration Rules - Immigration Rules Appendix EU (Family Permit) - Guidance - GOV.UK

                Comment


                • #9
                  Please can a lawyer in the forum look at this and provide us with a layman's interpretation of the definition of dependency?

                  Comment


                  • #10
                    By the way, I am also in the same boat. However, my mother's EUSS travel visa was denied on the basis that she did not show her domestic situation and how the money was used and my application was made in September 2021 when dependency was no longer assumed. I showed evidence of Western Union transfer receipts and showed that she was retired. But the home office is asking for her bank statements and for her to show how she uses the money which I send to her monthly. I have appealed the decision and I don't have any idea how long the appeal process will take. In my appeal, I clearly stated that my mother is retired which was also stated (and a document was included from the ministry of pensions stating that she is retired) in the initial application which I made in September 2021, I sent her monthly transfers to treat her eye condition (she has receipts to show that which was included in the appeal documents) even though she does not have to show what the money is used for I have included that anyway. So fingers crossed

                    Comment


                    • #11
                      Originally posted by lautabs View Post
                      I think we might all find it useful that the laws changed in December 2021 regarding the definition of dependency. Please find below the new immigration rules and definition of a dependent parent.
                      Immigration Rules - Immigration Rules Appendix EU (Family Permit) - Guidance - GOV.UK
                      Originally posted by lautabs View Post
                      Please can a lawyer in the forum look at this and provide us with a layman's interpretation of the definition of dependency?
                      Afternoon,

                      I've looked at the definition of dependency and it doesn't seem to have changed:

                      Originally posted by Appendix EU says

                      dependent’ means here that:
                      (a) having regard to their financial and social conditions, or health, the applicant cannot meet their essential living needs (in whole or in part) without the financial or other material support of the relevant EEA citizen (or, as the case may be, of the qualifying British citizen) or of their spouse or civil partner; and
                      (b) such support is being provided to the applicant by the relevant EEA citizen (or, as the case may be, by the qualifying British citizen) or by their spouse or civil partner; and
                      (c) there is no need to determine the reasons for that dependence or for the recourse to that support
                      On this post: Evidence for parents, grandparents and great grandparents - UKCEN Citizenship and Residence for European Nationals and their families

                      ...we had:
                      Pages 123-124 of the EUSS Guidance state:

                      ‘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

                      I really can't see any difference in the definition, would you be able to tell us what you think is different?

                      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities.

                      Comment


                      • #12
                        dependent parent
                        (a) the direct relative in the ascending line of a relevant EEA citizen (or, as the case may be, of a qualifying British citizen) or of their spouse or civil partner; and
                        (b) (unless sub-paragraph (c) immediately below applies):
                        (i) dependent on the relevant EEA citizen or on their spouse or civil partner:
                        (aa) (where sub-paragraph (b)(i)(bb) or (b)(i)(cc) below does not apply) at the date of application and (unless the relevant EEA citizen is under the age of 18 years at the date of application) that dependency is assumed; or
                        (bb) (where the date of application is after the specified date and where the applicant is not a joining family member) at the specified date, and (unless the relevant EEA citizen was under the age of 18 years at the specified date) that dependency is assumed; or
                        (cc) (where the date of application is after the specified date and where the applicant is a joining family member) at the date of application and (unless the relevant EEA citizen is under the age of 18 years at the date of application) that dependency is assumed where the date of application is before 1 July 2021; or
                        (ii) dependent on the qualifying British citizen (or on their spouse or civil partner) at the date of application or, where the date of application is after the specified date, at the specified date, and (unless the qualifying British citizen is under the age of 18 years at the date of application or, where the date of application is after the specified date, the qualifying British citizen was under the age of 18 years at the specified date) that dependency is assumed; and
                        (c) this sub-paragraph applies (and the applicant therefore has to meet no requirement as to dependency) where the spouse, civil partner or durable partner of the applicant (and with whom they reside) has been granted:
                        (i) an entry clearance under this Appendix in the form of an EU Settlement Scheme Family Permit as a dependent parent of the relevant EEA citizen (or, as the case may be, of the qualifying British citizen) or of their spouse or civil partner, and that entry clearance has not been revoked or otherwise ceased to be valid; or
                        (ii) indefinite leave to enter or remain or limited leave to enter or remain under Appendix EU to these Rules as a dependent parent of the relevant EEA citizen (or, as the case may be, of the qualifying British citizen or of the relevant sponsor) or of their spouse or civil partner, and that indefinite or limited leave has not lapsed or been cancelled, curtailed, revoked or invalidated

                        ‘dependent’ means here that:
                        (a) having regard to their financial and social conditions, or health, the applicant cannot meet their essential living needs (in whole or in part) without the financial or other material support of the relevant EEA citizen (or, as the case may be, of the qualifying British citizen) or of their spouse or civil partner; and
                        (b) such support is being provided to the applicant by the relevant EEA citizen (or, as the case may be, by the qualifying British citizen) or by their spouse or civil partner; and
                        (c) there is no need to determine the reasons for that dependence or for the recourse to that support

                        Comment


                        • #13
                          P.S. please can anyone tell me how long appeals take now?

                          Comment


                          • #14
                            Originally posted by lautabs View Post
                            dependent parent
                            (a) the direct relative in the ascending line of a relevant EEA citizen (or, as the case may be, of a qualifying British citizen) or of their spouse or civil partner; and
                            (b) (unless sub-paragraph (c) immediately below applies):
                            (i) dependent on the relevant EEA citizen or on their spouse or civil partner:
                            (aa) (where sub-paragraph (b)(i)(bb) or (b)(i)(cc) below does not apply) at the date of application and (unless the relevant EEA citizen is under the age of 18 years at the date of application) that dependency is assumed; or
                            (bb) (where the date of application is after the specified date and where the applicant is not a joining family member) at the specified date, and (unless the relevant EEA citizen was under the age of 18 years at the specified date) that dependency is assumed; or
                            (cc) (where the date of application is after the specified date and where the applicant is a joining family member) at the date of application and (unless the relevant EEA citizen is under the age of 18 years at the date of application) that dependency is assumed where the date of application is before 1 July 2021; or
                            (ii) dependent on the qualifying British citizen (or on their spouse or civil partner) at the date of application or, where the date of application is after the specified date, at the specified date, and (unless the qualifying British citizen is under the age of 18 years at the date of application or, where the date of application is after the specified date, the qualifying British citizen was under the age of 18 years at the specified date) that dependency is assumed; and
                            (c) this sub-paragraph applies (and the applicant therefore has to meet no requirement as to dependency) where the spouse, civil partner or durable partner of the applicant (and with whom they reside) has been granted:
                            (i) an entry clearance under this Appendix in the form of an EU Settlement Scheme Family Permit as a dependent parent of the relevant EEA citizen (or, as the case may be, of the qualifying British citizen) or of their spouse or civil partner, and that entry clearance has not been revoked or otherwise ceased to be valid;
                            or
                            (ii) indefinite leave to enter or remain or limited leave to enter or remain under Appendix EU to these Rules as a dependent parent of the relevant EEA citizen (or, as the case may be, of the qualifying British citizen or of the relevant sponsor) or of their spouse or civil partner, and that indefinite or limited leave has not lapsed or been cancelled, curtailed, revoked or invalidated

                            ‘dependent’ means here that:
                            (a) having regard to their financial and social conditions, or health, the applicant cannot meet their essential living needs (in whole or in part) without the financial or other material support of the relevant EEA citizen (or, as the case may be, of the qualifying British citizen) or of their spouse or civil partner; and
                            (b) such support is being provided to the applicant by the relevant EEA citizen (or, as the case may be, by the qualifying British citizen) or by their spouse or civil partner; and
                            (c) there is no need to determine the reasons for that dependence or for the recourse to that support
                            I'm afraid you have copied the whole lot without specifying what part of all that you are referring to. I have highlighted in red the bit that confirms what the Home Office said in response to my enquiry regarding this last year, as per my quote above: Proof of dependency request - UKCEN Citizenship and Residence for European Nationals and their families

                            I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities.

                            Comment


                            • #15
                              Originally posted by lautabs View Post
                              P.S. please can anyone tell me how long appeals take now?
                              I've seen some take a year or longer.

                              I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities.

                              Comment

                              Working...
                              X