Applying for PR as non EEA extended family member

[sam98]

Hi,

I am wondering if anyone would be kind enough to help me with few queries I have regarding Obtaining PR.

here is my case :

I applied my residence card in April 2013 and got my refusal letter in October.Then I appealed to the court then eventually I won the case in February but I only received my Residence Card in September 2014.

My Law firm said to me that I can Apply PR now as I already living here in UK more than 7 years even though I only got to know and applied EEA family permit 2 years before.I am depending on my sister and her husband who are dutch nationals).My residence card expires in 2019.

My questions are,
1.As a extended family member(Sister) with Residence card,can I travel in Europe with them without Schengen visa?

2.Do I always have to travel(Europe)with them(sponsors)?If not, do I have to apply for Schengen visa to travel (by myself)?

3.Can I work full time in UK? Do I have to show my financial dependency on my sponsors until I gain PR even I have full work right according to my Residence card? (my Lawyer said I have to show my financial dependency on my sponsors even though I live with them so therefore work part time)

4.when my sponsors show continuous 5 year period exercising rights in UK,does it always have to be one person's 5 years period or can they show jointly as a unit?(as one my sponsors left the job before continuous 5 year period but other sponsors working for more than 2 and half years UK)

Hope to hear your expertise in regarding to this subject.

Many Thanks.

[Obie]

Unfortunately the firm is wrong. It is not the law.

You will qualify in 2019 when your Residence Card Expires.

[sam98]

would be kind enough to tell me if I have right to work full time in UK in that case?

please answer my other queries if anyone can?

[seekingadvice87]

Hello Sam98,

My own understanding of having a Residence Card as an Extended Family Member is that you're officially recognised as a Family Member under the EU law and would therefore not need any other permit to go about work, study, pretty much you're daily life etc. I haven't come across the restrictions on the type of work you can carry out.

If you don't mind, I am in the process of applying as an Extended Family. Could you please share your application process such as the documents you submitted to prove your dependency, especially the reason for the refusal as an Extended Family. I would really appreciate your help please.

Thanks!

[sam98]

hi,

I came here to visit my sisters and then again I came back as a student.I didn't know I could apply for EEA family permit until 2013.Then I applied.I got refused base on few reasons.I don't really remember all the reason but one reason was that I have worked full time in my summer holidays while I was a student.There were few unreasonable points were made by home office.Eventually my Appealled and I won.

1.you need to show your dependency for 5 years or more before you come to this country and after you came here.
2.bank transfers from your sponsors.
3.photos of you both together before and after.
4.your bank statement and sponsors bank statement
5.sponsors properties
6.council bills of sponsors
7.sponsors pay slips
8.mobile statement to show your day to day conversations
9.sponsors letters to home office

hope this will help you.

[seekingadvice87]

Hey Sam98,

Thanks a lot for the tips. I'm trying to get as much insight as I can with this process. Were you a student under the UK's immigration rules? The Tier 4 visa that is?

I've read before that being on a Tier 4 student visa previously may question your reasons for switching into a Residence Card especially where you have to prove dependency as an Extended Family where as proving self sufficiency on a T4 student visa. Do you think this point may have been one of the reasons raised by the Home Office to you back then?

Thanks

[sam98]

hi Again,

Is there anyone who could answer my questions below..

"Can I work full time in UK? Do I have to show my financial dependency on my sponsors until I gain PR even I have full work right according to my Residence card? (my Lawyer said I have to show my financial dependency on my sponsors even though I live with them so therefore work part time)

when my sponsors show continuous 5 year period exercising rights in UK,does it always have to be one person's 5 years period or can they show jointly as a unit?(as one my sponsors left the job before continuous 5 year period but other sponsors working for more than 2 and half years UK)"

Many thanks

[secret.simon]

when my sponsors show continuous 5 year period exercising rights in UK,does it always have to be one person's 5 years period or can they show jointly as a unit?(as one my sponsors left the job before continuous 5 year period but other sponsors working for more than 2 and half years UK)"

I did not realise that you can have more than one sponsor for the EEA route.

The person who has been named on your application as your sponsor needs to complete five years in the UK exercising treaty rights. Treaty rights include working, seeking work, studying and being self-sufficient. I presume that your sponsor would come under one of these categories and so would have continued to exercise treaty rights. If however there is a break in being any one of these, it will reset your PR clock.