Breytenbachs have good news on the issue of assumed financial dependency for parents of European nationals.
We are happy to report that the Court of Appeal has recently delivered a ruling confirming the Upper Tribunal Immigration & Asylums (UTIAC)’s decision in the case of Rexhaj. The court found that parents of EEA nationals who were granted entry clearance as dependents under Appendix EU (Family Permit) on the basis of assumed financial dependency should be considered as having already have been granted leave as a dependent parent under the same Appendix EU. Furthermore, they should not be subject to the requirement to establish dependency in a subsequent EUSS application submitted after 1st July 2021.
According to the relevant Home Office’s guidance, dependents parents (and parents-in-law) admitted under the EU Settlement Scheme who have been granted pre-settled status in the UK do not need to show dependency on their EEA sponsor when they later apply for Settled Status.
Parents of EEA nationals or of their spouses were able to obtain a Family Permit to enter the UK without proving financial dependency between October 2020 and June 2021. This was on the basis of a concession on the basis of which the Home Office ‘assumed’ that parents were dependent on their EEA sponsors during their time and did not require any documentation showing financial support at that time. However, for applications submitted after 30 June 2021, financial dependency must be proven, and the Home Office is traditionally quite strict when assessing this requirement.
Those parents who have been granted pre-settled status based on financial dependency do not need to prove such dependency when applying for settled status. However, those applicants for whom financial dependency had been ‘assumed’ by the Home Office were later refused pre-settled status or settled status unless they could prove to be in need of financial support from their EEA sponsors.
Therefore, the Court of Appeal’s ruling represents great news for many people who obtained a Family Permit before June 2021 without proving financial dependency on their EEA sponsor. These people will now be able to submit or resubmit an application under the EU Settlement Scheme. We highly recommend that such persons get in touch with Breytenbachs.
How Breytenbachs can help you
Understanding the intricacies of assumed financial dependency for parents of European nationals under the EU Settlement Scheme (EUSS) is crucial. Breytenbachs have a dedicated team of experts who specialise in EUSS matters. Our team is well-versed in navigating the complexities of such cases. Clients can trust Breytenbachs for reliable advice and comprehensive support hroughout the application process. This will ensure that every aspect of their situation is meticulously handled. Contact us for more information or to proceed with your application.
