Dependent Parents Applying Under the EU Settlement Scheme

Introduction to Dependent Parents of EEA Citizens: EUSS

Dependent Parents of EEA citizens (or of their spouse or civil partner) in the UK may be able apply under the EU Settlement Scheme for pre-settled status or settled status. Dependent parents of EEA citizens, where the parents are outside of the UK can apply for EUSS Family permits.

2. Application Deadline for Dependent Parents

Dependent parents can apply as the ‘joining family member of a relevant sponsor’. The family relationship must have existed before the specified date (31 December 2020) and must continue to exist at the date of application. 

There were changes to the Immigration Rules, introduced on 08 October 2024 which impact the deadline of making an application as a joining family member. The wording of the rules suggests that joining family members must make an application within three months of their first arrival to the UK since 31 December 2020, or show reasonable grounds for making a ‘late application’. The specific changes to the rules and the impact of these changes have been addressed in our article EU Settlement Scheme (EUSS): Key Updates for Family Members

3. Appendix EU Rules for Dependent Parents

A ‘dependent parent’ is defined in Appendix EU, where relevant, 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”

Only for applications made before 1 July 2021 would dependency be assumed. For applications made after this time, the Applicant must meet the definition of dependent:

“‘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”

These provisions are mirrored in Appendix EU (Family Permit) of the Immigration Rules

4. Required Evidence and Guidance

The EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members Guidance, Version 25.0 provides some further guidance on evidence required for an application as a dependent parent. 

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. Evidence of the family relationship includes:

• a relevant document issued based on 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 

The guidance 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”

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 and evidence of their pre-settled or settled status in the UK.

5. Transitioning from EUSS Family Permit to Pre-Settled Status

As set out above, those who applied for EUSS family permits or for pre-settled status before 1 July 2021 were able to rely on dependency being assumed. However, for those who obtained family permits on this basis, they need to apply for pre-settled once they have arrived in the UK. If applying for pre-settled status after 1 July 2021, even if an applicant was previously able to rely on assumed dependency, dependency must be shown in the pre-settled application. This approach was recently confirmed in the case of Secretary of State for the Home Department v Rexhaj [2024] EWCA Civ 784. 

6. Applying for Settled Status as a Dependent Parent

However, if dependency was assumed in application for pre-settled status before 1 July 2021, or if dependency was accepted in an application after 1 July 2021, dependency is not required to be demonstrated at the settled status stage. The guidance confirms: 

“Rule EU4 of Appendix EU provides, in part, that where a person has been granted pre-settled status (limited leave to enter or remain under Appendix EU) as a child, dependent parent or dependent relative, they do not need to continue to meet the eligibility requirements for that leave which they met at the date of application where these related to their dependency, to retain their leave and remain eligible in due course for settled status (indefinite leave to enter or remain), where they apply based on the same family relationship. 

For example, where a person has been granted pre-settled status based on being a dependent parent of a relevant EEA citizen, they will not lose this status before that limited leave to enter or remain expires solely because they cease to be dependent on the relevant EEA citizen, and they will remain eligible in due course for indefinite leave to enter or remain as a dependent parent of that relevant EEA citizen, where they apply based on the same family relationship.”

Therefore, if dependency is accepted at the pre-settled status stage, a settled status application will not be refused just because the applicant is no longer dependent. 

For expert advice and assistance in relation to dependent parent visas, contact our immigration barristers in London on 0203 617 9173 or via the enquiry form below.