EEA4 Eligibility Question

kbullet · Post by **kbullet** » Thu Feb 16, 2012 2:35 pm

Hi Everyone,

I've been browsing the forum, can anyone clarify whether I am eligible to apply for PR.

I'm a non-eea national and my father is an EEA national who has been exercising his treaty rights for the whole 5 year period.

My 5 Year EEA2 family stamp is going to expire in July 2012 for which im planning to apply for PR in June.

Though I've read elsewhere in this forum that EEA4 only applies for married couples? If that's true what are my options?

Thanks in advance.

Post by **Obie** » Thu Feb 16, 2012 3:19 pm

Permanent Residence Eligibility is not confined to spouses only.

How old are you? if over 21, are you still living in the same house as your father?

kbullet · Post by **kbullet** » Thu Feb 16, 2012 3:30 pm

Thanks for the reply Obje,

I'm 25 and no I'm not living with my Father. Will that be an issue?
My EEA2 was processed without me living with my father with grounds that it was too crowded, since he has remarried and his wife has 2 other kids living with them.

Regards,
kb

Post by **Obie** » Thu Feb 16, 2012 4:18 pm

Are you dependant on your father or not?

The EEA regulation states that someone has to be a family member who has been residing in accordance with the EEA regulation for 5 years to qualify.

Under the age of 21, which you would have been when you applied, you qualify without need to prove dependency. Over 21, you will be required to show evidence of dependency to continue to qualify as family member or living in the same household to qualify under Regulation 8.

The Residence Card does not confer rights, i only confirm an existing right.

You might be fine, as UKBA tends to overlook this at time.

kbullet · Post by **kbullet** » Thu Feb 16, 2012 4:48 pm

Again. thanks for your reply Obie.

No i haven't been financially dependant on my Father since 2009, though there's been occasional loan here and there.

Though having read elsewhere again stating that if I have stayed continuously for five years in the UK I would automatically receive PR status? Given my dad has been exercising the treaty for which he has.

Thought my case would be straightforward but since i'm not a dependent or living in the same household would complicate things.
Would you recommend me going through ILR/UK route then? Or give EEA4 a go. Also FYI Before my EEA2 i have been a student since 2000. So I have been residing here over 12 years now if that helps.

thanks in advance,
kb

Post by **Obie** » Fri Feb 17, 2012 2:40 pm

From 2000- 2010 have you been lawfully resident in the UK.

If such is the case, you may qualify for ILR.

PR under EEA4 may be an option open to you.

3-4 mont

Post by **Obie** » Fri Feb 17, 2012 2:43 pm

From 2000- 2010 have you been lawfully resident in the UK?

If such is the case, you may qualify for ILR.

PR under EEA4 may be an option open to you.

3-4 months ago, i would have advised you go for it, but of late, i have seen refusal coming back on the basis that , people in such situation like your have failed to show dependency or membership of Household throughout the 5 years period.

I find this quite troubling, but i am not such HO will be wrong in law to take such approach, although i am still studying it closely.

kbullet · Post by **kbullet** » Tue Feb 21, 2012 2:51 pm

How exactly do you prove dependancy or membership of household?
Wouldn't a birth certificate and maybe DNA test suffice to prove as a family member?

Anyway many thanks for your help Obie, i guess i'll apply through a solicitor. Thought my case was straight forward enough for me to submit it my self and save few $$$.

Regards,
Kb

gugu6 · Post by **gugu6** » Mon Mar 26, 2012 2:02 am

you can apply for PR once your 5 years is completed.

gugu6 · Post by **gugu6** » Fri Mar 30, 2012 4:47 am

My father was european and I was non eea dependent and I applied my own for pr eea4 and I was refused but my appeal was accepted. One more thing I want to tell you ukba always do mistake in eea applications .ukba dealing all eea cases in Liverpool used to Croydon all staff is new that why they r doing lots of mistakes now a days, so don't worry you will get the pr it does'nt matter you live with dad or not you have to live in uk for 5 years and then you can get pr there will be no issue, so apply for eea4 not ilr and if you need further help then let me know. Also look at turkey act 2010 you will get you answer.

mcovet · Post by **mcovet** » Fri Mar 30, 2012 11:42 am

How do they explain the fact that residence card allows business and employment activities? And as soon as one does what the card allows, he ceases to be a family member? Nonsense, once a family member and confirmed- always a family member (applies only to blood relatives-dependants)

Obie wrote:From 2000- 2010 have you been lawfully resident in the UK?

If such is the case, you may qualify for ILR.

PR under EEA4 may be an option open to you.

3-4 months ago, i would have advised you go for it, but of late, i have seen refusal coming back on the basis that , people in such situation like your have failed to show dependency or membership of Household throughout the 5 years period.

I find this quite troubling, but i am not such HO will be wrong in law to take such approach, although i am still studying it closely.

haris butt · Post by **haris butt** » Fri Jun 05, 2015 8:39 pm

kbullet wrote:Hi Everyone,

I've been browsing the forum, can anyone clarify whether I am eligible to apply for PR.

I'm a non-eea national and my father is an EEA national who has been exercising his treaty rights for the whole 5 year period.

My 5 Year EEA2 family stamp is going to expire in July 2012 for which im planning to apply for PR in June.

Though I've read elsewhere in this forum that EEA4 only applies for married couples? If that's true what are my options?

Thanks in advance.

hi kbullet,

hope you can help

can you please update about your application . ?

actually im on same boat like you .

1 . have you applied for BC yet ? or did you apply for PR before applying that ?

im confused causee im (aged 25) child of eea national currently holding RC which expires oct 2016 . after getting my RC ive been self employed since then and to get my PR i have to financial dependent on my dad

dont no how I can prove this .

please help

haris butt · Post by **haris butt** » Fri Jun 05, 2015 8:42 pm

mcovet wrote:How do they explain the fact that residence card allows business and employment activities? And as soon as one does what the card allows, he ceases to be a family member? Nonsense, once a family member and confirmed- always a family member (applies only to blood relatives-dependants)

Obie wrote:From 2000- 2010 have you been lawfully resident in the UK?

If such is the case, you may qualify for ILR.

PR under EEA4 may be an option open to you.

3-4 months ago, i would have advised you go for it, but of late, i have seen refusal coming back on the basis that , people in such situation like your have failed to show dependency or membership of Household throughout the 5 years period.

I find this quite troubling, but i am not such HO will be wrong in law to take such approach, although i am still studying it closely.

MCOVET YOUR 100 PERCENT RITE MAAN ...

IT SHOULD RECTIFIED..

haris butt · Post by **haris butt** » Sat Jun 06, 2015 12:49 pm

Obie wrote: Permanent Residence Eligibility is not confined to spouses only.

How old are you? if over 21, are you still living in the same house as your father?

hi obie ,

im on same boat like him.i am 25 year old child of eu national .my dad has PR of. I got my RC when I was 21 AND dependent on my dad . after getting RC ive been self employes till now and ive been living same house as my father ?
to qualify for PR do i have to e dependent on my dad or what how can i demonstrate this ?

please help

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