Jurisdiction of Dependency for dependent parents - EUTR
Hello all I have been having an argument with the EUTR section since December last over whether a parent can be a permitted family member of an EUTR citizen (specifically - a member of the household of the citizen).
The position of the Department is that since she is a parent, she automatically falls under Regulation 3(5)(b)(iii) - a qualified family member. As such, they say, they can't consider her application for household membership as there is a carve out for "qualifying family members" in Reg. 5(1)(a). They are encouraging us to apply for a qualifying family member status as a parent under EUTR1. (NB. they have not made any declaration that they accept her dependence nor that they would issue a positive decision if we did submit an EUTR1.)
Has anyone come across this issue before?
Never seen it before, but I don't think it's sustainable for them to argue that a parent (who I presume is not or may not be dependent) cannot be a permitted family member. Sounds like someone there hasn't actually read the Directive or Regs and is just presuming "parent = qualified"!