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England and Wales decisions
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The Tribunal allowed an EUSS Family Permit appeal, finding the Appellant was financially dependent on her father for essential living needs.
The appellant failed to establish continuous dependency or household membership as required by Regulation 8; tertiary education costs did not constitute essential living needs on the facts; a gap of three years between dependency and household membership was more than de minimis and defeated the claim.
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Tipu v Secretary of State for the Home Department [2025] EWCA Civ 215 (05 March 2025)
The Court of Appeal dismissed an immigration appeal about EEA extended family member status, holding that tertiary education was not an essential living need on these facts and that the dependency gap was too long.
The requirement of dependency for residence rights under the Citizens' Rights Directive and Withdrawal Agreement is to be assessed at the date of application to join the EU citizen. Once residence rights are acquired, exercising the right to work does not cause loss of those rights, even if dependency ceases. The UK Immigration Rules imposing a continuing dependency requirement are inconsistent with the Withdrawal Agreement and must be disapplied.
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Ali, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 1615 (Admin) (30 June 2023)
The High Court held that adult children of EU citizens must meet dependency conditions continuously, and dismissed a challenge to EUSS rules and the Withdrawal Agreement.
The Upper Tribunal dismissed an appeal about housing benefit and right to reside, holding that any EU law error by the First-tier Tribunal was immaterial because its dependency findings stood.
Singh v Secretary of State for the Home Department [2022] EWCA Civ 1054 (26 July 2022)
The Court of Appeal dismissed an EEA residence card appeal, holding the appellant had not shown dependency on his uncle for essential needs on the evidence.
The Court of Appeal dismissed an EEA residence card appeal, holding the appellant had not shown dependency on his uncle for essential needs; education support did not change that.
Upper Tribunal guidance on when extended family members can rely on household membership under the EEA Regulations, including where the sponsor arrives in the UK later.
Haggerty-Garton & Ors v Imperial Chemical Industries Ltd [2021] EWHC 2924 (QB) (03 November 2021)
High Court quantum judgment in a fatal asbestos mesothelioma claim, awarding solatium, loss of society, dependency on services, and agreed financial losses under Scots law.
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