Permanent Residence as a 20/21 year old dependent

[dronnik]

Hi,

I am 20 and I am a family member of an EEA national as a son of a spouse of an EEA national. On 22nd of August 2016 it would be 5 years that my mum would be married to her EEA national husband meaning that we should be able to apply for a permanent residence card as he has acquired permanent residence to the best of my knowledge.

Though I have a slight problem, I turn 21 on 13th of July 2016, so in 16 days time and I am really worried that now I will be counted as a dependent over 21 who has to prove their dependency. I live with my mum and she is paying for all bills, although I am doing an apprenticeship myself and I am earning £18000 a year to which I am worried can have an effect of me being counted as her dependent. We were granted the residence cards so this step is for permanent residence cards. I regularly transfer her £400 to contribute towards the rent as this is all I can afford.

May you please advise me on what shall I do? How do I apply for a permanent residence card? Should I quickly send out an application before I turn 21 but that will mean that she would be married for 4 years and 11 months at the time of application or do I wait until it is formally five years and apply then.

I am really worried and this one month gap is not giving easy time, my heart is always racing and I am really scared, especially because of this referendum. Please help if you can or know anything.

Regards

[Casa]

The fact that you transfer £400 to your mother each month greatly weakens your claim for dependency.

[dronnik]

I couldn't fully afford the rent myself and she couldn't afford the rent fully herself as I have a little brother (4) and a little sister (2), she is a single mother so it isn't easy. Should I stop the payments? I technically do not have to prove my dependency yet as I am 20, but the time when I could apply for Permanent Residence is August when I will be 21.


My mum is really worried for this too, this one month gap is too scary and we dont know whether we should submit an application before im 21 but it would be that she is married for 4 years and 11 months or whether we should wait till August when I am 21...

Please help

[Casa]

IMHO stopping your payments now probably won't have any affect as you'll probably have to submit historical bank statements.

[noajthan]

You need exactly 5 years of residency in UK whilst your sponsor has been a qualified person (or settled in UK).

What is the RC you have, is it for a FM (I guess it is) or is it for an EFM?

How much support does mother/EEA sponsor provide for you for essential needs (housing, food)?
Do you have rock-solid evidence of this? (money transfers, bank statements).

See HO guidance on family members - page 18:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

No valid proof of dependency

If they cannot provide valid proof to show they are currently dependent on their EEA national sponsor, or the sponsor’s spouse or civil partner, you must check the guidance for extended family members to see if they satisfy the conditions of regulation 8(2) of the regulations.

See HO guidance for EFMs - page 19:
https://www.gov.uk/government/uploads/s ... _clean.pdf

The applicant does not need to be dependent on the EEA national to meet all or most of their essential needs. For example, an applicant is considered dependent if they received a pension which covers half of their essential needs and money from their EEA national sponsor which covers the other half

What percentage of your essential needs can you say (& show) is provided for you?
Have you ever lived in another country with your mom and EEA step-father?

If you receive support for up to half of your essential needs and/or can show you continue to live in the same household (with your sponsor as head of household), chillax you are in with a fighting chance.

[dronnik]

I have been resident in the UK since 2007 but became an EEA family member on 22nd of August 2011, although my mum and step dad are separated, she is still legally married to him. We have lived only in the UK altogether.

With regards to dependency, I have been always living with my mother, she is buying all the food in the house and she is paying rent in the amount of £1550 on top of all all bills, like council tax, water and electricity. I contribute as much as I can - £400.

I don't get any financial income from my mum or my step dad, I fully rely on her paying the bills and rent, although her main income is Housing benefit and Child Tax Credit and self employment £100 a week.

I find it very hard and scary, as I am literally turning 21 in 16 days...Not excited about my birthday at all.
Would I have to provide evidence of dependency for all years or just this one month when im over 21?

I am really afraid, as ILR is what I was waiting for a long time and really really hope I can get it, it would be my wish come true

[noajthan]

I have been resident in the UK since 2007 but became an EEA family member on 22nd of August 2011, although my mum and step dad are separated, she is still legally married to him. We have lived only in the UK altogether.

With regards to dependency, I have been always living with my mother, she is buying all the food in the house and she is paying rent in the amount of £1550 on top of all all bills, like council tax, water and electricity. I contribute as much as I can - £400.

I don't get any financial income from my mum or my step dad, I fully rely on her paying the bills and rent, although her main income is Housing benefit and Child Tax Credit and self employment £100 a week.

I find it very hard and scary, as I am literally turning 21 in 16 days...Not excited about my birthday at all.
Would I have to provide evidence of dependency for all years or just this one month when im over 21?

I am really afraid, as ILR is what I was waiting for a long time and really really hope I can get it, it would be my wish come true

At face value, not looking good then.

It seems it wil prove challenging to prove dependency, especially on your mother, you don't seem to have any rock-solid proof at the moment.
Your mother can't really be your sponsor as she appears to be living mainly on benefits and is non EEA.

And its even going to be hard for you to claim to be an EFM by living in sponsor's household as the EEA sponsor doesn't seem to be head of household anymore (and is probably not financing it).
If EEA sponsor was living at home as head of household then your case would probably be covered; then you could probably be treated as an EFM and member of household even without financial support. You would still need clear evidence to show that.

Dependency only has to be shown over age 21.
It's a longshot but how are relations with step-dad? Good or bad?
If he was to be generous to his step-son and set up some financial arrangement (to cover housing and food costs) 'for a while' after you (as 'favourite step-son') turn 21 then that may be the only way you would be able to demonstrate dependency on your EEA sponsor.

I can't figure out your take home pay (£300 a week?); whatever it is, step-father would probably have to match it.

How is it mother gets all those benefits? Is it jointly with step-father or in her own name?

Who owns or rents the house? is it in mom's name or joint names?

Are you sure step-father really is a qualified person or else has PR already?
Can you get all the necessary documentary evidence from him?
Have you got clear evidence of living at the house?

[dronnik]

Hi Noajthan,

The guidance says that a dependent has to be dependent to an EEA national or their spouse, my mum is a spouse of an EEA national.

I am counted as a direct family member to the best of my knowledge as I am a direct son of a EEA national's spouse.

My mum has split up with him due to domestic violence and therefore we aren't in good relations. He is in the UK since 2004 and to the best of my knowledge has been exercising treaty rights as he is paying child support for my little brother to my mum. When acquiring Residence Card, Home Office had to check directly with HMRC whether he was a qaulified person as it would pose risks for my mum to contact him.

My mum is getting the benefit in her sole name, and she rents the house in her sole name. I have clear evidence of living in the house, as my bank statements, my driving license, and my name is on one of the bills.

I have read one of the cases whcih mentions that working shouldn't stop dependence as it would contradict the exact rights that are given by a residence card: to exercise work or business activities.

Shouldn't that be the case

http://europeanlawblog.eu/?p=2329

I am really scared.

[noajthan]

Hi Noajthan,

The guidance says that a dependent has to be dependent to an EEA national or their spouse, my mum is a spouse of an EEA national.

I am counted as a direct family member to the best of my knowledge as I am a direct son of a EEA national's spouse.

My mum has split up with him due to domestic violence and therefore we aren't in good relations. He is in the UK since 2004 and to the best of my knowledge has been exercising treaty rights as he is paying child support for my little brother to my mum. When acquiring Residence Card, Home Office had to check directly with HMRC whether he was a qaulified person as it would pose risks for my mum to contact him.

My mum is getting the benefit in her sole name, and she rents the house in her sole name. I have clear evidence of living in the house, as my bank statements, my driving license, and my name is on one of the bills.

I have read one of the cases whcih mentions that working shouldn't stop dependence as it would contradict the exact rights that are given by a residence card: to exercise work or business activities.

Shouldn't that be the case

http://europeanlawblog.eu/?p=2329

I am really scared.

Yes you don't have to show 100% dependence.
Yes I understand you are son of mom, the EEA's spouse but you're the one who is currently paying money to her.

It's a pity your step-dad can't help you, it would simplify the case.

You need to come up with a lot of evidence. It isn't clear how you show dependence if you have more of an income than your sponsor mom.

Try to show at least you are also member of her household; suggest getting your name put on the tenancy and some bills, (maybe council tax).
So if you are failed as a FM dependent you may have a chance by showing you are at least an EFM dependent in same household.

All you can do is assemble what you have got (or will have) as evidence after age 21.
Suggest you do stop the £400 a month for a bit. Some transfers going the other way would help.

Yep, its a tough old world.
Panicking won't help as you have to concentrate on putting your forms together.
All you can do now is focus and work diligently on preparing your case.

[Sunsix]

Hi,
I'm currently facing a similar situation. However, I'm already 21 and will turn 22 in December. I have also been sending my mum which is now an EEA £400/m to help out with the bills.
I would like to know how did you sort out your situation.

[JS1969]

Hi Dronnik,

Could you please share an update on your case?

I am in a similar situation and plan to appeal all the way to CJEU. I personally do not believe the dependency should continue throughout the five years period though I understand that is the position of the Secretary of State.

The continued dependency is a requirement of the directive for EFM under article 3 and not so for FM under article 2 fo the directive 2004/38.

We could work together on this issue and petition/complaint to the EU Council and EU Parliament for consideration while that may not solve our issue it would bring matter to EU attention and put pressure on Secretary of State.

Please let me know if you are interested.

Best
JS