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EEA EXTENDED FAMILY MEMBER PERMANENT RESIDENCE APPLICATION

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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areti
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Joined: Wed Dec 10, 2014 12:55 am

EEA EXTENDED FAMILY MEMBER PERMANENT RESIDENCE APPLICATION

Post by areti » Wed Dec 10, 2014 4:35 am

Hello, | need some help getting round the laws concerning PR of an extended family member. Here is my situation

In may 2008, I came in to the United kingdom as a dependant of my maternal Aunt (Mother's Sister) who is an EEA National.
In June 2008, I applied for the EEA family member resident permit using the EEA2 form.

It was originally rejected, so I went to the courts of appeal and won the case in 2010.
But my residence card was not issued until Sept 2012, which means it expires in september 2017.
Here my question

1) In May 2013, I had been resident the UK, and living with my EEA Family member (Aunty) for 5 years, and by next year (2015) I would have been living in the UK with my aunty for 7 years.
so can i apply for a permanent residence card next year (2015)? or do I have to wait until 2017 when my residence card expires?

2) If I can apply for permanent residence in 2015, does that mean i can naturalise any time after that as i would have been in the country for over 7 years.

Any insights on this will be very much appreciated.
Thanks in advance.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: EEA EXTENDED FAMILY MEMBER PERMANENT RESIDENCE APPLICATI

Post by vinny » Wed Dec 10, 2014 6:40 am

areti wrote:In may 2008, I came in to the United kingdom as a dependant of my maternal Aunt (Mother's Sister) who is an EEA National.
In June 2008, I applied for the EEA family member resident permit using the EEA2 form.

It was originally rejected, so I went to the courts of appeal and won the case in 2010.
But my residence card was not issued until Sept 2012, which means it expires in september 2017.
Here my question

1) In May 2013, I had been resident the UK, and living with my EEA Family member (Aunty) for 5 years, and by next year (2015) I would have been living in the UK with my aunty for 7 years.
so can i apply for a permanent residence card next year (2015)? or do I have to wait until 2017 when my residence card expires?
If you are over 21, then you also should be dependent upon her or to be a member of her household. I think that you may apply for a permanent residence card since May 2013, if your aunt was exercising her treaty rights for during May 2008 and May 2013 (15).
areti wrote:2) If I can apply for permanent residence in 2015, does that mean i can naturalise any time after that as i would have been in the country for over 7 years.
If you had attained permanent right of residence since May 2013, then you may also naturalise now.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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sajib549
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Posts: 7
Joined: Fri Feb 06, 2015 2:37 pm

Re: EEA EXTENDED FAMILY MEMBER PERMANENT RESIDENCE APPLICATI

Post by sajib549 » Fri Feb 06, 2015 2:46 pm

Hi
I have a very similar case I would like to share my exp so if u want send ur contact number:-

Obie
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Location: UK/Ireland
Ireland

Re: EEA EXTENDED FAMILY MEMBER PERMANENT RESIDENCE APPLICATI

Post by Obie » Fri Feb 06, 2015 4:26 pm

vinny wrote:
areti wrote:In may 2008, I came in to the United kingdom as a dependant of my maternal Aunt (Mother's Sister) who is an EEA National.
In June 2008, I applied for the EEA family member resident permit using the EEA2 form.

It was originally rejected, so I went to the courts of appeal and won the case in 2010.
But my residence card was not issued until Sept 2012, which means it expires in september 2017.
Here my question

1) In May 2013, I had been resident the UK, and living with my EEA Family member (Aunty) for 5 years, and by next year (2015) I would have been living in the UK with my aunty for 7 years.
so can i apply for a permanent residence card next year (2015)? or do I have to wait until 2017 when my residence card expires?
If you are over 21, then you also should be dependent upon her or to be a member of her household. I think that you may apply for a permanent residence card since May 2013, if your aunt was exercising her treaty rights for during May 2008 and May 2013 (15).
areti wrote:2) If I can apply for permanent residence in 2015, does that mean i can naturalise any time after that as i would have been in the country for over 7 years.
If you had attained permanent right of residence since May 2013, then you may also naturalise now.
Under or over 21 has not effect on applicant who are not Direct descendant in the descending line of an EEA national.

They have to show dependency irrespective of whether or not they are aged 21 or under.

This OP has a case, that injustice was done to her, as the court exercised discretion in her favour, and the Secretary of State took several years to give effect to it.
Smooth seas do not make skilful sailors

areti
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Posts: 6
Joined: Wed Dec 10, 2014 12:55 am

Re: EEA EXTENDED FAMILY MEMBER PERMANENT RESIDENCE APPLICATI

Post by areti » Sat Nov 14, 2015 2:44 pm

areti wrote:2) If I can apply for permanent residence in 2015, does that mean i can naturalise any time after that as i would have been in the country for over 7 years.
If you had attained permanent right of residence since May 2013, then you may also naturalise now.[/quote]

Under or over 21 has not effect on applicant who are not Direct descendant in the descending line of an EEA national.

They have to show dependency irrespective of whether or not they are aged 21 or under.

This OP has a case, that injustice was done to her, as the court exercised discretion in her favour, and the Secretary of State took several years to give effect to it.[/quote]

Hi Obie,
I have only Just seen your reply. Thanks for your input. I still have not made the application. I was told I am not eligible as I am an EXTENDED FAMILY MEMBER. Can you offer any advice or a recommend a lawyer that can help?

Thanks alot

Obie
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Posts: 15163
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Location: UK/Ireland
Ireland

Re: EEA EXTENDED FAMILY MEMBER PERMANENT RESIDENCE APPLICATI

Post by Obie » Sat Nov 14, 2015 2:57 pm

My advise was sent nearly a year ago.

Are you still dependent or member of your EEA relative's household?

Did the court exercise the discretion or referred the matter to the Home Office to exercise discretion.

Was it the case that the judge only found that you are a dependant or member of your uncles household
Smooth seas do not make skilful sailors

areti
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Posts: 6
Joined: Wed Dec 10, 2014 12:55 am

Re: EEA EXTENDED FAMILY MEMBER PERMANENT RESIDENCE APPLICATI

Post by areti » Sat Nov 14, 2015 5:08 pm

Obie wrote:My advise was sent nearly a year ago.

Are you still dependent or member of your EEA relative's household?

Did the court exercise the discretion or referred the matter to the Home Office to exercise discretion.

Was it the case that the judge only found that you are a dependant or member of your uncles household
Thanks for responding.

Yes I am still a member of her household

The court Exercised the discretion

The court found that I have been a member of my Aunty's household since September 2005.

If you don't mind, I will like to send you the court letters, my email is xxxxxxxx.
I hope to hear from you soon,
Many Thanks

areti
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Posts: 6
Joined: Wed Dec 10, 2014 12:55 am

Re: EEA EXTENDED FAMILY MEMBER PERMANENT RESIDENCE APPLICATI

Post by areti » Sat Nov 14, 2015 5:30 pm

I think my emil was blocked out.
Obie wrote:My advise was sent nearly a year ago.

Are you still dependent or member of your EEA relative's household?

Did the court exercise the discretion or referred the matter to the Home Office to exercise discretion.

Was it the case that the judge only found that you are a dependant or member of your uncles household

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: EEA EXTENDED FAMILY MEMBER PERMANENT RESIDENCE APPLICATI

Post by Obie » Sat Nov 14, 2015 5:40 pm

I edited it. It is not advisable for personal email to be published online .
Smooth seas do not make skilful sailors

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