EEA (PR) for a family - single app or multiple

[dapto10]

Dear members,

My query is this:

Friends of mine, family of 3 (husband and wife, and a 19-year-old son), all EEA nationals would like to apply for DCPRs. They have been here for 12 years. Parents are self-employed, the son finished school last year, having a gap year now before applying to University.

I've done a PR application myself long time ago and as things are constantly changing, I thought your experience and advice here could be very helpful.

Question 1: What would be best - 1 single application where, for example the wife is the main applicant and the husband and son - dependents, or shall they go for an individual application each? They will have to prove 5-year continuous Treaty Rights and residence in their own right, I quess?

Question 2: What application form for their son as until last year he was effectively a minor, and at school but now being over 18, things have changed from legal perspective.

Your advice and corrections would be very much appreciated as always.

[kamoe]

A bit of a philosophical question. It looks like the three of them are exercising treaty rights on their own, and in that sense, it makes sense that the three of them claim this right individually. It is not the same to say you are in the UK because you are entitled to it yourself, than because your family member is entitled to it. But from a practical point of view, it will obviously easier to send one application (and this also means less documents).

Now, keeping it practical, my approach to this would be to reverse-engineer the application. By that I mean make sure to read the guidance documents and check what required documents they have or can reasonably obtain. And based on that, determine who has the greatest chances of applying as the sponsor of the family: the husband, the wife, or either.

Evidence of self-employment can be found Annex B (page 15) of this document: https://www.gov.uk/government/uploads/s ... -04_KP.pdf

[dapto10]

Hi Kamoe,

Many thanks for your reply.

Absolutely, it's about the practical implementation of the thing as the EEA (PR) application form itself is advisory, not compulsory.

They all have solid evidence so it won't really matter, I guess... and they should perhaps just send three individual applications.

My only real concern is their son's application as he has been an adult only for a year now, the remaining 4 years' qualifying period he had spent at school. Obviously has all letters from the school, A-Levels, and the rest of it but there's no appropriate section in the current application form for minors and their respective proof of residence. They're supposed to be sponsored by a parent or guardian. And he had obtained the right to permanent residence long time ago when he was still in secondary school, given the family's lawful residence under the EU treaties for 12 years.

Thanks agian.

[kamoe]

Given I'm not a lawyer or immigration professional I would not claim this is 100% accurate, but I would think that if the son acquired right for PR when he was a minor, then as long as he is still in the UK, the fact that he is an adult now doesn't matter at all. People can choose their best 5 years as their qualifying period for PR, doesn't have to be the latest 5 years. So... he should be fine with school-related qualifying years, and regardless of his age.

Again, not 100% sure but curious to see other people's opinions.