Student over 21 dependent on parent?

[ibraa]

Hi all!

It is a very complicated topic, but hopefully some of you might have already came across it..

I am a 25 year old EU national and have been living in the UK since September 2008. I graduated from my university course in 2012 and started working full time straight after my degree course.

I would like to apply for EEA3 through my mother, who is also a EU national and have been working full time during the past 6 years. The problem is that for some period of the last 6 years, I've been over 21 years old.. I was eligible for student finance and each year I had to provide my mums income as SFE classed me as a dependent of my mother.

Do you think I could claim that even though I was an over 21, I was dependent of my mum, as I was a student?

What makes you qualify as a dependent of a EU national, when you're over 21?

I must say, we haven't been living together, but she did support me financially throughout the years on top of the student finance support)..

Any thoughts would be appreciated!

Thanks!

[ibraa]

Please if you have any opinion/info on the matter, reply..

[Amber]

Have you been a student for 5 years with CSI? Has your Mother been working the the 5 years?

[Obie]

Well it seems from my understanding, that you entered the UK when you were 19 years old. That means up to 2010, you were not required to demonstrate dependency on your mother.

From 2010-2012, you would have required to show dependency on your mother, unless you were doing part time work before university, and the course you subsequently under took, is similar to work you did before commencing University.

You had a right under regulation 1612/68 as the family member of a migrant work, to under take your studies under the best possible condition, but since the CJEU decision in Alarape, such rights cannot be aggregated towards the 5 years residence needed for PR.

[ibraa]

I have been a student for the whole 5 year period, without CSI, this is why I'd like to apply through my mother.

She has been in the UK working full time since 2007. She kept all her P60s, so she has solid grounds for PR.

I've turned 21 in 2010, but been financially dependent on her as I was a full time student.. The problem is I don't have any "bank statements", just my word and maybe the fact that Student Finance England asked for her financial details each year for my application as I was classed dependent according to their rules.

Have you been a student for 5 years with CSI? Has your Mother been working the the 5 years?

[Amber]

Did you reside with your Mother during university terms or just out of term?

[ibraa]

My mum lives in a small town with no university, so I moved out and only resided at her's out of term time.

Did you reside with your Mother during university terms or just out of term?

[Amber]

Did your Mother provide you with money during the term time?

[ibraa]

As I said a couple of posts above, she did indeed contribute towards my living as it is difficult to make a living out out solely a student loan.. But before you'd ask, I don't have any bank statements to prove that..

http://www.airecentre.org/data/files/re ... r-2013.pdf

According to this article on the AIRE Centre website:

Dependence need not be financial, but it must be material, meaning that it contributes to the basic necessities of life (e.g., food, clothing or shelter)

How could I prove this without bank statements? Or the pure fact that I had no other income apart from my student loan won't be enough?

Did your Mother provide you with money during the term time?

[Amber]

Get her to do a statutory declaration to say she provided financially for you for the 3 years in question. Also show evidence you resided together when out of term.