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I am a Dutch national living in the UK. My wife is from Asia. She is about to apply for an "EEA family permit from outside the UK" to join me.

When we look at the "Documents you must provide", there is one document my wife needed to submit: "proof of your dependency if you’re dependent on your EEA family member".

Can anyone let me know what kind of evidence my wife should submit to meet the requirement?

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You do not need to supply any proof of dependency.

Certain categories of relatives (among them parents, grandparents, and children over 21) are eligible for derivative freedom of movement only if they are dependent on the EEA principal. A spouse or partner is eligible without regard to the question of dependency.

Here are some relevant passages from the directive, with added emphasis for the particularly pertinent parts.

Article 2(2):

  1. ‘family member’ means:

    (a) the spouse;

    (b) the partner with whom the Union citizen has contracted a registered partnership, on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State;

    (c) the direct descendants who are under the age of 21 or are dependants and those of the spouse or partner as defined in point (b);

    (d) the dependent direct relatives in the ascending line and those of the spouse or partner as defined in point (b);

Article 3:

Article 3

Beneficiaries

  1. This Directive shall apply to all Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members as defined in point 2 of Article 2 who accompany or join them.

  2. Without prejudice to any right to free movement and residence the persons concerned may have in their own right, the host Member State shall, in accordance with its national legislation, facilitate entry and residence for the following persons:

    (a) any other family members, irrespective of their nationality, not falling under the definition in point 2 of Article 2 who, in the country from which they have come, are dependants or members of the household of the Union citizen having the primary right of residence, or where serious health grounds strictly require the personal care of the family member by the Union citizen;

Your spouse falls under article 2(2)(a), and therefore 3(1), without reference to the question of dependency.

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Your bank accounts details most likely already show this.

How do you support her? For example, do you regularly send her money from an account in your name to an account in hers? Or, do you have a joint bank account she uses for living expenses?

  • It's not actually necessary to show proof of dependency for a spouse. The UK web page is poorly worded; it should say something like "proof of your dependency if your freedom of movement depends on being a dependent on your EEA family member" or "proof of your dependency unless your EEA family member is your spouse or registered partner, or unless you are under 21 and your EEA family member is your parent." – phoog Sep 13 '18 at 14:50

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