Serious Advice Needed. EEA PR APPLICATION.

[DestinyChild]

Hello Everyone, I am really grateful to the creators of this forum and the wonderful Moderators and Members of the Board. You are really helping a lot of People get documents they need to live in the UK. You are all Blessed.

I am a Non Family Member of an EEA National and I have a EEA Residence Card ( Family Member of an EEA National ). My EEA Sponsor is from France and she is my Cousin. My Residence Card will expire on March 22, 2016. We went through an appeal in 2011 before I got my RC. I am married but my wife is not living with me in the UK at the moment. This is because I am not able to bring her to the UK as I am currently a dependant of an EEA National ( My Cousin ). I have been told to get my EEA PR Card before applying to bring her to live with me in the UK. Here are my questions-

1. Once I get my PR Card, what requirements do I need to meet to bring my wife to the UK to live with me? Am I going to fall under the UK Immigration Rules or still remain under the EU Free Movement law?

2. I am confused about the £18,600 requirement. A work colleague told me I don't have to meet this financial requirement when applying to bring my wife to the UK as I have a PR Card and still under the EU Law. Is he right in his assertion? Is having a EEA PR card means being under the UK Immigration law or being under the EU Free Movement Law?

3. I am already working to meet the £18,600 requirement for getting my Wife in. Is the £18,600 financial requirement calculated before or after taxation? My current earnings are almost close to £18,600 so I want to do an extra Part Time Job or small business to meet up with the entire amount. However, I need to know if I actually need to honour this requirement once I get my EEA PR Card.

4. I can get all documentation needed for my PR Card application. However, I have done some work out of London and have not been living all the time with my Sponsor. I am an adult and my Sponsor ( Cousin ) is married. She also has two children and lives with them and her husband. So I decided to get my own place and due to the nature of my profession, I have lived in a few places in England. Can this affect my PR Application? Do I need to be living with my Sponsor all through the 5 years? Does my Sponsor's activities and documents hold more weight than mine when I apply for my PR Card in March 2016?

@Obie and other Members of this lovely Board, I need your advice and views on my situation. I am a bit nervous as 2016 approaches. Thanks a lot.

[Nyamebeye]

As you depend on your cousin, you must proof so. In your case you working may jeopardise your PR application as you need to be totally dependant on your cousin to acquire PR. Be careful you don't disclose any of your work paperwork during PR application. You need proof of living with your cousin or money from your cousin into your account for your upkeep.
First things first. Sort out your PR first and remember you need to be dependant on your cousin throughout the 5 years.

If you get PR, yes you will then fall under immigration rules to be able to bring your wife. The 18600 will apply. This is gtoss income i.e bbefore tax. You must have earned this for 6months before you apply for your wife so you will need six monthly pay slips or 24-25 weekly payslips.

[noajthan]

...
. Here are my questions-

1. Once I get my PR Card, what requirements do I need to meet to bring my wife to the UK to live with me? Am I going to fall under the UK Immigration Rules or still remain under the EU Free Movement law?

2. I am confused about the £18,600 requirement. A work colleague told me I don't have to meet this financial requirement when applying to bring my wife to the UK as I have a PR Card and still under the EU Law. Is he right in his assertion? Is having a EEA PR card means being under the UK Immigration law or being under the EU Free Movement Law?

3. I am already working to meet the £18,600 requirement for getting my Wife in. Is the £18,600 financial requirement calculated before or after taxation? My current earnings are almost close to £18,600 so I want to do an extra Part Time Job or small business to meet up with the entire amount. However, I need to know if I actually need to honour this requirement once I get my EEA PR Card.

4. I can get all documentation needed for my PR Card application. However, I have done some work out of London and have not been living all the time with my Sponsor. I am an adult and my Sponsor ( Cousin ) is married. She also has two children and lives with them and her husband. So I decided to get my own place and due to the nature of my profession, I have lived in a few places in England. Can this affect my PR Application? Do I need to be living with my Sponsor all through the 5 years? Does my Sponsor's activities and documents hold more weight than mine when I apply for my PR Card in March 2016?

@Obie and other Members of this lovely Board, I need your advice and views on my situation. I am a bit nervous as 2016 approaches. Thanks a lot.

1) & 4)
You do not appear to be the dependent of an EEA national - you seem quite independent.

Extended family members

You can apply as an extended family member if you’re either:

the unmarried partner of the EEA national and you’re in a lasting relationship with them that’s similar to a marriage or civil partnership
a relative of the EEA national (or of their spouse or civil partner) but you don’t qualify as their family member

Relatives include brothers or sisters, aunts or uncles, nephews or nieces and cousins. Relatives can also include grandchildren, parents and grandparents if the EEA national only has the right to reside as a student.

As well as being a relative of the EEA national, one of the following must be true:

you were dependent on the EEA national before coming to the UK, and you’re still dependant on them while in the UK
you were dependant on a member of the EEA national’s household before coming to the UK, and you’re still dependant on them while in the UK
you need the personal care of the EEA national (or of their spouse or civil partner) on serious health grounds

Your application is considered based on your individual circumstances and you may not be approved for a residence card even if you meet the conditions.

Ref: https://www.gov.uk/apply-for-a-uk-resid ... ligibility

2) PR is under EU rules

3) If a person has settled status (eg PR) it is immaterial what they do in UK;
PR is (usually) only lost if absent from UK for 2 years.

[DestinyChild]

@Noajthan, thanks for your reply. I have a Residence Card as the Extended Family Member of my cousin. On my Residence Card, it was written that I am allowed to work or engage in business activities. I was dependent on my Sponsor before coming to join her in the UK and I can still be classed as a Member of her household. We still have a lot of things we do together as a Family and I can prove our Family links before and after I came to join her household in the UK.

So what do you think I should do to rectify the situation before I apply for my PR Card. Thanks.

[DestinyChild]

What does 'Member of The Household' mean in the Form for applying for the PR Card ( EEA4 )? I believe I am a Member of my Sponsors household. Can someone explain this better for me? Thanks.

[noajthan]

@Noajthan, thanks for your reply. I have a Residence Card as the Extended Family Member of my cousin. On my Residence Card, it was written that I am allowed to work or engage in business activities. I was dependent on my Sponsor before coming to join her in the UK and I can still be classed as a Member of her household. We still have a lot of things we do together as a Family and I can prove our Family links before and after I came to join her household in the UK.

So what do you think I should do to rectify the situation before I apply for my PR Card. Thanks.

These regulations, especially regulation 8 show how you will be assessed & the types of evidence HO will require:
https://www.gov.uk/government/uploads/s ... s_v2_0.pdf
(see pages 8-20 in particular)

[noajthan]

What does 'Member of The Household' mean in the Form for applying for the PR Card ( EEA4 )? I believe I am a Member of my Sponsors household. Can someone explain this better for me? Thanks.

Member of household means living with your sponsor in your sponsor's house.
See pages 19-20 of PDF document in above link.

[DestinyChild]

@NOAJTHAN, thanks for the link. I really appreciate your help. Thanks a lot.

[Pursuitofhappiness]

Hi guy I wonder is u can help me. My my non era mum has a court appeal this week to prove that she is dependent of my spouse (EU member) as she lives with us. Do u know what kind of questions we should expect or will it be just basic questions about what we do at home on a daily basis. Any info will be appreciated .thanx

[noajthan]

Hi guy I wonder is u can help me. My my non era mum has a court appeal this week to prove that she is dependent of my spouse (EU member) as she lives with us. Do u know what kind of questions we should expect or will it be just basic questions about what we do at home on a daily basis. Any info will be appreciated .thanx

They will be crosschecking & verifying that your mother (& her sponsor, your spouse) meet the rules;
the rules for family members of EEA nationals are to be found in this guidance document:
https://www.gov.uk/government/uploads/s ... s_v2_0.pdf