Dependent Parents of EEA citizens (or of their spouse or civil partner) in the UK can apply under the EU Settlement Scheme for pre-settled or settled status. However, under Appendix EU, it is unclear what the meaning of 'dependent' is, how it can be demonstrated, or if dependency needs to be demonstrated at all.

EEA Regulations 2016

Dependent parents who had to apply under the Immigration (European Economic Area) Regulations 2016 had to demonstrate their dependency on the EEA citizen. This is set out within the definition of 'family member' with Regulation 7. This was in the form of financial dependency on the EEA citizen, which was needed for the applicant to meet their basic needs.

The rules as set out below suggest that the threshold is much lower for Appendix EU.

Rules set out in Appendix EU

The definition of a family member of a relevant EEA citizen is set out in the definition of Appendix EU:

"a person who does not meet the definition of 'joining family member of a relevant sponsor' in this table, and who has satisfied the Secretary of State, including by the required evidence of family relationship, that they are (and for the relevant period have been), or (as the case may be) for the relevant period (or at the relevant time) they were:

[...]

(c) the child or dependent parent of a relevant EEA citizen, and the family relationship existed before the specified date; or

(d) the child or dependent parent of the spouse or civil partner of a relevant EEA citizen (as described in sub-paragraph (a) above), and the family relationship existed before the specified date; or"

A 'dependent parent' is defined in Appendix EU as:

"(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 a relevant sponsor) or of their spouse or civil partner; and

(b) (unless sub-paragraph (c) immediately below applies) dependent on (as the case may be):

(i) the relevant EEA 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 relevant EEA 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 relevant EEA citizen was under the age of 18 years at the specified date) that dependency is assumed; or

(ii) 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; or

(iii) on the relevant sponsor (or on their spouse or civil partner) at the date of application and (unless the relevant sponsor is under the age of 18 years) that dependency is assumed where the date of application is before 1 July 2021 [...]"

An application made on this basis would need to be made by the end of June 2021.

The definition goes on state:

"'dependent' means here that:

(a) having regard to their financial and social conditions, or health, the applicant cannot, or (as the case may be) 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, as the case may be, of the qualifying British citizen or of the relevant sponsor) or of their spouse or civil partner; and

(b) such support is, or (as the case may be) was, being provided to the applicant by the relevant EEA citizen (or, as the case may be, by the qualifying British citizen or by the relevant sponsor) 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"

The word 'assumed' suggests that as long as the family relationship is accepted between the EEA citizen and their parent, that there is no need to provide any further evidence to demonstrate dependency. However, dependency remains a legal requirement.

Evidence to provide - Guidance

The EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members Guidance, Version 11.0 provides some further details on whether or not an applicant would need to prove dependency.

The guidance reiterates that the applicant must be the direct relative in the ascending line of the relevant EEA citizen (or qualifying British citizen) or of their spouse or civil partner, and includes a grandparent or great-grandparent and an adoptive parent of an adopted child.

It goes on to state that where the relevant EEA citizen (or qualifying British citizen) is over the age of 18, the applicant's dependency on the relevant EEA citizen (or qualifying British citizen), or on the spouse or civil partner, is assumed, and the applicant is not required to provide evidence of this.

Whilst the guidance explicitly states that dependence will be assumed, it also goes on to give the following examples of evidence of dependency:

"Evidence of dependency 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"

If the applicant already has a document certifying permanent residence, then this is all they will need to provide with their application. Where the applicant does not already hold a permanent residence document, the applicant must provide evidence of the family relationship for the relevant period, namely either:

  • a relevant document issued on the basis of the relevant family relationship or;
  • the full birth certificate(s) or other document(s) which you are satisfied evidences that the applicant is the direct relative in the ascending line of the relevant EEA citizen (or qualifying British citizen) or of the spouse or civil partner

Additionally, the applicant will need to provide proof of the identity and nationality of the relevant EEA citizen (or qualifying British citizen) of whom the applicant is the family member.

Could the Home Office request evidence of dependency?

The Home Office does have power to request further evidence or information in an application under Appendix EU to ensure that the applicant is eligible for pre-settled or settled status. However, given that the rules and guidance suggests that no evidence of dependency is required, it is unclear on what basis the Home Office could make this request.

Pre-settled and settled status

If an applicant is granted pre-settled status as a dependent parent, after 5 years, they will be eligible to apply for settled status as a dependent parent. The definition for dependency does not change at the settled status stage, however it is unclear whether dependency would need to be demonstrated for the whole 5-year period.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.