Retention of rights after divorce for stepchildren

[mysie]

Mother is a british citizen married to an irish nation. I am an undergrad student, turning 23 next month. I acquired my 5 year right to stay through my stepdad as a non EEA family member of an EEA in August 2010. My right to stay expires this coming August 2015.

My parents are currently going though a divorce due to his abusive nature and whole thing is coming up to an end soon. As i have been in the UK since 2004 and have been a student from then until now. I was wondering if anyone could help with what avenue I should take in order to retain my rights through my mothers british citizenship?

I have phoned up the Home Office asking for advise and they advised that i apply though the british route using form AN but after doing my research on immigration forums have figured out that this may not be the right route. I have found out I have to use the EEA4 form however that will require me using my stepfathers information which i don’t want to do as he constantly threatens to cancel my paperwork and have me deported and doubt he will be willing to help by providing his documents.

I would greatly appreciate any information that can shed any light on how to move forward in my situation.

[vinny]

Please explain more about the immigration histories of your mother, her husband and yourself. You may have automatically attained PR at the same time as your mother.

[mysie]

Please explain more about the immigration histories of your mother, her husband and yourself. You may have automatically attained PR at the same time as your mother.

Mother has been in England since 2001
Received her indefinite in 2007
Naturalised in 2010

Step father has even living in England for over 50 years

My sister and I only had the one family member of an EEA residents document issued in 2010

Is the above information useful ?

[Obie]

Did mother get her residence Card through your step Father?

Was it through him that she secured ILR and Citizenship?

[mysie]

Did mother get her residence Card through your step Father?

Was it through him that she secured ILR and Citizenship?

She acquired both the ILR and British Citizenship through him yes. I don't think she ever had a residences card because when she entered the UK she was on a student visa, she was on that for several years before getting married in 2005 were she applied for ILR.

[vinny]

Did she apply for FLR(M) after she got married in 2005 and then got ILR via SET(M) in 2007?

What about your history?

[mysie]

Did she apply for FLR(M) after she got married in 2005 and then got ILR via SET(M) in 2007?

What about your history?

Yes she did. From 2004-10 i was illegal. Although apparently from 2007-2009 our solicitor had our application forms which she was meant to have sent for us but didn't. It was only in 2010 where we were informed that our application hadn't been sent in at all that's when we made the application for the family member of an era national.

I'm just abut worried because of my age and I've seen that the home office refuses most over 18 applications. I feel like me haven't many options. And if anyone can advise me I'd be greatful because there's no way I can go back to South Africa as I have no ties there anymore since my grandma passed away last month. I'm in a desperate position