Casa and John Please need your advice!!!

[amal1970]

Hi again!
I am sorry for both of you I had to put your names because I wrote my case here so many times and no one has replied to me yet.
I trust your common sense so please what do you think about my case?


I have posted this many times but have not heard of anyone of you yet.
I am in the UK since 2005. Came on fiancee visa. Moved to live with my sister in law who is EEA 2 months later December 2005. I have applied to home office for permanent residence then as vectim of domestic violence and got the refusal 3 years later. Before I got my appeal dismissed I already applied for family member of EEA national and got it a year later.
Now by December 2010 I will have finished 5 years being dependent of my sister in law and a member of her household which the home office knows and I have evidence for that.
My question is, I am eligible for PR in December 2010 or do I have to wait until 2014 when my 5 years european family stamp expires.
My sister in law has just applied for her and my brother's PR. Do you think I should have applied on the same application as her dependent?
Thank you so much for you advices.
I would really appreciate if anyone had similar experience to share it with me.
Thanks again

[Brown212]

Hi again!
I am sorry for both of you I had to put your names because I wrote my case here so many times and no one has replied to me yet.
I trust your common sense so please what do you think about my case?


I have posted this many times but have not heard of anyone of you yet.
I am in the UK since 2005. Came on fiancee visa. Moved to live with my sister in law who is EEA 2 months later December 2005. I have applied to home office for permanent residence then as vectim of domestic violence and got the refusal 3 years later. Before I got my appeal dismissed I already applied for family member of EEA national and got it a year later.
Now by December 2010 I will have finished 5 years being dependent of my sister in law and a member of her household which the home office knows and I have evidence for that.
My question is, I am eligible for PR in December 2010 or do I have to wait until 2014 when my 5 years european family stamp expires.
My sister in law has just applied for her and my brother's PR. Do you think I should have applied on the same application as her dependent?
Thank you so much for you advices.
I would really appreciate if anyone had similar experience to share it with me.
Thanks again

As you are granted RC as a dependant of EU national you are free to live an independent life ie have your own family unit, the only thing you have to prove when applying for your PR is that your sponsor is still exercising treaty right in UK.
If i may ask how did you convince the UKBA that you are dependant on your sister in law when you made the 5 yrs RC application, have you ever lived with your sister in law in her EU state before she come to uk? because UKBA find it very difficult to grant RC to this category of people.( extended family member).

[Obie]

Unfortunately, the UKBA does not consider an Extended Family Member as family members until they have been issued a Residence Card, therefore time spent with you EEA national sponsor, before applying for RC in the UK will not count. Your clock will start clicking once RC has been issued.

Whether this will stand up in court is yet to be seen.


However, i suspect you will have a strong case, if you RC card application took more than six months to be approved.

You could apply 5 years after the 6 months period when you submitted your initial RC application. Whether this will make a huge difference to your present circumstance, i don't know.

I wish you all the best .