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PR query/situation advise

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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Garth1989
Junior Member
Posts: 62
Joined: Wed Jul 30, 2014 2:07 pm

PR query/situation advise

Post by Garth1989 » Mon Nov 16, 2015 12:34 pm

Good day everyone

I would like some opinions/advice on my situation.

I (South African Citizen) have a Dutch (by Naturalisation) father who is currently exercising treaty rights in the UK. I have applied for temporary residence permit (TRP) as a dependent child who is over the age of 21. I am still studying and am fully dependent on my Father.

My TRP is still in the process but I do not see any reasons that it should be rejected as we submitted all the necessary docs and more. My question is, after I have completed my studies in two years time I am looking to get a job in the finance sector and will no longer be dependent on my father. Will this effect my application for PR in a few years as it seems to state that you have to show dependance and cohabitation with your EEA national family member for the 5 year period ?.

It doesn't make sense to me that they would penalise you for being a functional tax paying member of society !.

I would greatly appreciate and views on the matter as it a bit of a worry for me.

Cheers

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

Re: PR query/situation advise

Post by Obie » Mon Nov 16, 2015 12:41 pm

Once you start working, time as a dependant family member will be amalgamated or aggregated with time spent as a qualified person , when you start working. Both these 2 period can be added towards PR.

You have not applied for temporary Residence permit, what you applied for is a registration certificate.
Smooth seas do not make skilful sailors

Garth1989
Junior Member
Posts: 62
Joined: Wed Jul 30, 2014 2:07 pm

Re: PR query/situation advise

Post by Garth1989 » Mon Nov 16, 2015 3:12 pm

Obie wrote:Once you start working, time as a dependant family member will be amalgamated or aggregated with time spent as a qualified person , when you start working. Both these 2 period can be added towards PR.

You have not applied for temporary Residence permit, what you applied for is a registration certificate.
Hi Obie

Thank you for your reply. Is the above information only applicable to EU citizens ?. I definitely filled in a form for temporary residence permit as I am a family member of an EES national.
My father is not applying for a registration certificate as he doesn't see the need to as he can remain in the country as qualified person. He does not intend to apply for PR in the future.

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

Re: PR query/situation advise

Post by Obie » Mon Nov 16, 2015 3:19 pm

There is nothing like Temporary Residence Permit for EEA national or their EEA/non EEA family members.

I am really puzzled as to which form you filled.
Smooth seas do not make skilful sailors

Garth1989
Junior Member
Posts: 62
Joined: Wed Jul 30, 2014 2:07 pm

Re: PR query/situation advise

Post by Garth1989 » Mon Nov 16, 2015 4:01 pm

My apologies Obie

It is just called a residence card. i thought it was temporary as it is only valid for 5 years after which you can apply for PR.

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

Re: PR query/situation advise

Post by Obie » Mon Nov 16, 2015 4:06 pm

Again you are applying for the wrong thing, if indeed you are a Dutch national, then a Residence Card is not the document you should apply for , it is a document under Regulation 16 of the EEA Regulation, or Article 8 of Directive 2004/38EC, called Registration Certificate.

A Registration Certificate has not time limit.
Smooth seas do not make skilful sailors

Garth1989
Junior Member
Posts: 62
Joined: Wed Jul 30, 2014 2:07 pm

Re: PR query/situation advise

Post by Garth1989 » Mon Nov 16, 2015 4:09 pm

I am not a dutch national, I am a South African National, my father is a Dutch national through naturalisation.

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

Re: PR query/situation advise

Post by Obie » Mon Nov 16, 2015 4:15 pm

I misread the initial post. Yes a Residence card is the most appropriate, I thought the naturalization was in reference to you, and not your dad.

Well I think you may be ok as the caselaw stand, when you start working.
Smooth seas do not make skilful sailors

Garth1989
Junior Member
Posts: 62
Joined: Wed Jul 30, 2014 2:07 pm

Re: PR query/situation advise

Post by Garth1989 » Mon Nov 16, 2015 5:17 pm

Iv been reading through all the regulations and case law that I could find on the gov.uk website, but there doesn't appear to be anything in black and white as to how to resolve my potential issue.
Nothing states that if dependent child over 21 years becomes self sufficient during the period of 5 years that they hold a residence documents, that they will/will not be eligible for PR as they are no longer dependent on the sponsor.

Kokosari
inactive
Posts: 5
Joined: Thu Nov 12, 2015 1:24 am

Re: PR query/situation advise

Post by Kokosari » Wed Nov 18, 2015 11:41 am

Hello mr obie . Good morning , please I will love to contact you as I really need your advise on my pr . I will appreciate it if I can have ur email address. Thank you.

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

Re: PR query/situation advise

Post by Obie » Wed Nov 18, 2015 12:19 pm

Kokosari wrote:Hello mr obie . Good morning , please I will love to contact you as I really need your advise on my pr . I will appreciate it if I can have ur email address. Thank you.
You seem to have Hijacked this thread.

Unfortunately I don't give, or encourage anyone to give their email or personal details on open forum.
Smooth seas do not make skilful sailors

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