Princenels wrote:I am an EEA NATIONAL extended family member (Cousin) working and living in Scotland, I moved down to Scotland while my EEA National family member resides in London. I was previously living with my EEA National family member in London and I moved to Scotland shortly after I was issued a 5 years Residence Card in July 2010 and have remained in Scotland since then. My EEA NATIONAL family member has resided in UK for over 15 years and already had a document certifying permanent residence issued to him in 2007 before I was given 5 years residence card in 2010. I humbly would like to seek your advise regarding this matter with the 2 questions below:
1. I would like to know if there is anything in the EEA regulation that might prevent me from being able to obtain my PR just because I have gone out to live in a different place within the UK and not in the same house with my EEA National family member?
2. Do I need to leave my work here in Glasgow and return to London to stay with my EEA National family member for the rest of the period left on my RC before I make application for my PR?
3. I claimed Job Seeker's Allowance for only seven weeks in 2010, will this also affect my PR application?
4. I claimed child benefit for about 7 months for my Daughter and her 2 younger brother and sister before their Mum was given ILR
in March 2011, can this also affect my application?
I will be interested in listening to your own experiences to help me prepare should there be any battle ahead.
please advice
Your response and enlightenment will be immensely appreciated.
Kind regards
Nelson
Hi,
I am sure one of the expert members would reply your question in more detail soon.
I think based on the Regulation 8 there are four kinds of extended family member and depends on which category you fall into?
1) a person who is a relative of an EEA national or his/her spouse or civil partner and who is financially dependent on the EEA national or is a member of his/her household, and who either (i) is accompanying the EEA national to the UK / wishes to join him there, or (ii) has joined him in the UK and continues to be dependent on him or to be a member of his/her household;
2) a person who is a relative of an EEA national or his/her spouse or civil partner and, on serious health grounds, strictly requires the personal care of the EEA national or his/her spouse or civil partner;
3) a person who is a relative of an EEA national and would meet the requirements of the Immigration Rules (other than those relating to entry clearance) for ILR as a dependent relative of an EEA national were the EEA national a person present and settled in the UK;
4) a person who is the partner of an EEA national (other than a civil partner) and can prove that he is in a durable relationship with the EEA national.
Regarding your questions
1. I would like to know if there is anything in the EEA regulation that might prevent me from being able to obtain my PR just because I have gone out to live in a different place within the UK and not in the same house with my EEA National family member?
I think your situation depends on which category of the above you fall into? If you fall into category number 2 (a person who is a relative of an EEA national or his/her spouse or civil partner and, on serious health grounds, strictly requires the personal care of the EEA national or his/her spouse or civil partner) and you moved to the UK to to care of your EEA family member then you might have serious problem if you have not notified / explained your situation to Home Office before you moved to Scotland.
2. Do I need to leave my work here in Glasgow and return to London to stay with my EEA National family member for the rest of the period left on my RC before I make application for my PR?
I do not think this is not necessary as you have already spent 5 years in Scotland. You need to make a really strong personal statement before you apply.
3. I claimed Job Seeker's Allowance for only seven weeks in 2010, will this also affect my PR application?
This is at the discretion of the home office.
4. I claimed child benefit for about 7 months for my Daughter and her 2 younger brother and sister before their Mum was given ILR
in March 2011, can this also affect my application?
This is at the discretion of the home office.
But again I am not an expert on this subject. One of the senior members/experts' reply would be more appropriate.