Question concerning 5 year residency

[deewee]

Hi,

I have a question concerning the daughter of my wife - it's a bit complicated, so I would be grateful for some pointers. She is looking into getting the residency card. Most of this happened before we met, I am German and only got UK citizenship last year.
- my wife and her daughter moved form Latvia to the UK in 2009. Daughter was 13.
- my wife did NOT register for the worker registration scheme, so her clock resets to April 2011. What about daughter? She went to school here, we have all her reports and most of her child tax credit letters, but I am not sure a minor can exercise treaty rights on her own.
- she is now at university, but has no additional health insurance - just NHS.

Basically, if she was to apply for the residency card, with supporting documents from 2009 onwards - so easily filling getting the 5 years together from age 13 to 18 and ignoring the university time... would that work?
Or would it be more likely to succeed with documents covering until now (incl 1.5 years university), but what about the insurance issue?

Every pointer in the right direction is highly welcome...

Best
Dan

[noajthan]

Hi,

I have a question concerning the daughter of my wife - it's a bit complicated, so I would be grateful for some pointers. She is looking into getting the residency card. Most of this happened before we met, I am German and only got UK citizenship last year.
- my wife and her daughter moved form Latvia to the UK in 2009. Daughter was 13.
- my wife did NOT register for the worker registration scheme, so her clock resets to April 2011. What about daughter? She went to school here, we have all her reports and most of her child tax credit letters, but I am not sure a minor can exercise treaty rights on her own.
- she is now at university, but has no additional health insurance - just NHS.

Basically, if she was to apply for the residency card, with supporting documents from 2009 onwards - so easily filling getting the 5 years together from age 13 to 18 and ignoring the university time... would that work?
Or would it be more likely to succeed with documents covering until now (incl 1.5 years university), but what about the insurance issue?

Every pointer in the right direction is highly welcome...

Best
Dan

Your step-daughter is the direct family member of an EEA national (her mother).
Mother is the sponsor.

Daughter may have acquired PR via her mother if mother was exercising treaty rights as a qualified person in UK, continuously for 5 years.
Daughter just needs to have been residing in UK at the same time (even cohabiting is not mandatory).

This assumes any/all absences from UK (of sponsor and dependent: mother/daughter) have been kept within prescribed limits.

So if mother has a 5-year qualifying period for PR then daughter can apply as a family member too.

Due to not registering for WRS it looks like both may acquire PR by next month or so.
If daughter is under 21 (it looks like she is) then she is still a direct dependent and so there is no need to demonstrate any financial dependency on her sponsor; (if over 21 she would have to do so).

Failing that daughter can apply in her own right as an adult; (no sponsor).
That is, once she herself is a qualified person exercising treaty rights (eg as a student, worker & etc) and has acquired PR after 5 years.
Note college/university students are expected to have CSI to keep their PR clock running.

[deewee]

Thanks for the clarification... so:

We wait for April 2016, mother & daughter can apply as family members. All other stuff formalities like time outside UK are no issue (the odd holiday, but that was it) and she is definitely financially depended (STUDENT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! )

Thanks again,

Cheers
Dan

[noajthan]

Thanks for the clarification... so:

We wait for April 2016, mother & daughter can apply as family members. All other stuff formalities like time outside UK are no issue (the odd holiday, but that was it) and she is definitely financially depended (STUDENT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! )

Thanks again,

Cheers
Dan

I don't understand this

mother & daughter can apply as family members

Just to be clear, mother is the main applicant. She is EEA so there is no sponsor.
Daughter is the family member.

If you meant they are your family members well yes they are - but not in context of PR; as you are now British you are out of the picture.

[deewee]

Just to be clear, mother is the main applicant. She is EEA so there is no sponsor.
Daughter is the family member.

If you meant they are your family members well yes they are - but not in context of PR; as you are now British you are out of the picture.

Thanks what I meant...
Thanks again!