EU Treaty Rights – Dependency

EU citizenship gives persons rights with respect to free movement and residence within the union.

This right can be extended to family members of the union citizen.

A spouse family member can qualify by virtue of the relationship in itself.

Other relatives such as a parent needs to be dependent on the union citizen to acquire the extension of the right, or have serious health difficulties, or be a member of the same household.

Dependence

If an EU treaty rights related application is brought on the basis that a parent ( being a non EEA citizen ) in this example, is dependent on the EU citizen, then evidently dependency on the EU citizen must be proved.

Unfortunately a definition of dependency is not defined under EU legislation, therefore we must turn to caselaw for clarity on the issue.

In K V Minister for Justice it was stated “The test for dependence is one of EU law and an applicant must show, in the light of his financial and social conditions, a real and not temporary dependence on a Union citizen”. Issus of social dependency are not discussed in this post.

Financial Records / Documentation

It is very important to be able to prove the financial dependence vis a vis the financial assistance. How long was the financial assistance for ? what evidence in relation to same is available ? Does the applicant rely on the support to meet an economic or social need ?. There is no set figure on the amount of support that is needed for obvious reasons.

The duty is on the applicant to prove the material support.

Immigration Lawyer

If you have questions about Eu Treaty Rights, you can speak with an immigration lawyer on (01) 546 1121 or  (052) 612 1999.

Disclaimer

Please be advised that the above-mentioned material is intended as an overview and as a broad outline of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.

Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.