european-union
What is meant by &quot;dependent parent&quot; under EU law (Free movement rights)?
<p>What is meant by &quot;dependent parent or even dependent grandparent&quot; under EU Free movement rights of Union Citizens (and to bring their non-EEA family with them)? Grandparents are more likely to be dependent for one reason or the other, but parents can generally sustain themselves normally.</p>
<p>Does dependent mean &quot;financially&quot; or &quot;health reasons&quot;?</p>
<p><a href="https://en.wikipedia.org/wiki/Residence_card_of_a_family_member_of_a_Union_citizen" rel="nofollow noreferrer">This</a> Wikipedia page mentions that &quot;dependent&quot; means:</p>
<p><em><strong>&quot;Dependent&quot; here is defined[6] as someone who is either:</strong></em></p>
<p><em>systematically preparing for a future profession,</em></p>
<p><em>cannot systematically prepare for a future profession or perform gainful activities due to illness or injury; or</em></p>
<p><em>is not capable of performing systematic gainful activities due to a chronic adverse health condition.</em></p>
<hr />
<p>But I can't find anything from the EU itself. The source of that wiki piece of information is a Czech Republic website.</p>
<p>What is your opinion?</p>

<p>As described in the original post, a typically dependent parent would be a parent who is disabled.</p>
<p>&quot;parents can generally sustain themselves normally.&quot;</p>
<p>Not if they are 80 years old. All grandparents with living children are also parents.</p>

<p>In EU Law - it's again vague to mean different things in different contexts. I reference a few documents here that the UK and EU use, for example, in immigration cases to determine the dependency of a relative (parent/grandparent) coming to be looked after in the UK by their relative.</p>
<p>UK Immigration Application Form for Dependent Relatives Appendix 1: <a href="https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/771535/vaf4a-appendix1-11-18.pdf" rel="nofollow noreferrer">here</a>. Living alone, home ownership, financial support, medical conditions, ability to self-care and availability of others to care for you are asked about.</p>
<p>There is further legislation, pertinent to the free movement within the EEA (rather than non-EU immigration) seen <a href="https://www.legislation.gov.uk/uksi/2016/1052" rel="nofollow noreferrer">here</a> and the rules <a href="https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-eu" rel="nofollow noreferrer">here</a>.</p>
<p>UK Immigration Rules EC-DR <a href="https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members" rel="nofollow noreferrer">here</a> - would clarify dependency as:</p>
<blockquote>
<p>E-ECDR.2.4. The applicant or, if the applicant and their partner are
the sponsor’s parents or grandparents, the applicant’s partner, must
as a result of age, illness or disability require long-term personal
care to perform everyday tasks.</p>
<p>E-ECDR.2.5. The applicant or, if the applicant and their partner are
the sponsor’s parents or grandparents, the applicant’s partner, must
be unable, even with the practical and financial help of the sponsor,
to obtain the required level of care in the country where they are
living, because-</p>
<p>(a) it is not available and there is no person in that country who can
reasonably provide it; or (b) it is not affordable.</p>
</blockquote>
<p>Dependency has been challenged a number of times in the European Courts. The relevant regulation is Regulation 7(1)(c). This provides that for the purpose of the EU Regulations, dependent direct relatives in the ascending line of the spouse or civil partner of the EU national should be treated as family members.</p>
<blockquote>
<p>&quot;Applications will usually succeed if enough evidence of material or
emotional support is provided and if it is demonstrated that having
regard to the financial and social conditions, the dependent relative
would not be in a position to support himself/herself without the EU
worker’s help. The need for material support must exist in the state
of origin of the relative, or the state where they came to be at the
time when they joined the community member.&quot;</p>
</blockquote>
<p>from <a href="https://www.daniellecohenimmigration.com/appendix-fm/family-life-as-an-adult-dependant-relative/#:%7E:text=Dependents%20over%20the%20age%20of,care%20that%20can%20only%20be" rel="nofollow noreferrer">here</a>.</p>
<p>In Ireland, there are further considerations, beyond the notion of dependency the sponsor has to meet: <a href="http://www.inis.gov.ie/en/INIS/Family%20Reunification%20Policy%20Document.pdf/Files/Family%20Reunification%20Policy%20Document.pdf" rel="nofollow noreferrer">here</a></p>
<p>As you can see, it is quite a broad consideration. I hope this helps :)</p>
