Dependent Parents of EEA citizens applying under the EU Settlement Scheme

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.