Genuine dependency under EEA Regulations proved despite alternative sources of income

Another successful appeal in a genuine dependency case under the EEA Regulations

The successful appeal concerned a challenge to the refusal of the Entry Clearance Officer (Respondent) to issue an EEA family permit to a parent of a spouse of an EEA national (Appellant).

The main reason for the refusal was that the Home Office was not satisfied that the applicant shown genuine dependency on his sponsor.

The Appellant has provided an abundance of evidence to prove his genuine dependency. He had spent two years in the UK on a visitor visa, residing with his family and subsequently became financially dependent on them after retiring. However, in 2016 he voluntarily left the UK. A year later, the Appellant suffered from a stroke in Ukraine.

Given the considerable medical expenses, the Appellant became even more financially dependent on his family in the UK, especially provided that his only source of income, excluding the support from the family, was minimal state pension in Ukraine.

Judge did not find any issue of credibility, finding that the Appellant does fulfil the requirements of genuine dependency as a direct family member of an EEA national. It was noted that a holistic examination of the circumstances of the case was required by the decision in Reyes 2013 UKUT 315.

Accordingly, the Appellant’s stroke and need of emotional, social, physical and financial support were taken into account, and genuine dependency found, notwithstanding state pension and ownership of a home in Ukraine.

 

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