Permanent resident

[zubby007]

[quote="hyfa"]Thanks.now my question is if euro zone broke then what's the possibility about the stay of all eea national and their non eea family members in uk?
Thanks in advance[/quote]



Mate, I don't know where you heard about that, but all I know the member State are just putting measures to protect and secure the Euro currency and NOT the EU.[/b]

[toni34]

let me put it straight if they deport europeans from the uk,what about the british ppl in spain and italy? so it wont come to that,it is the common market that is in problem not the common travel zone,think about swiss,and even the uk,they r not part of the common currency which is the euro but they participate fully in the common travel zone.

[hyfa]

Thanks mate.my mothers rc already expired before apply for pr .so is she still legal here as my family member?Thanks in advance

[Guerro]

Thanks mate.my mothers rc already expired before apply for pr .so is she still legal here as my family member?Thanks in advance

She is always legal as long as she is your family member and you are exercising treaty rights. Still, in some circumstances she can remain legal even if she is no longer your mother (I don't know how but let's say if) or if you are not exercising treaty rights

[mcovet]

Firstly, she may or may not be eligible for PR but those geniuses at the UKBA cannot mention deportation!

Refer them to Regulation14(2) of the Immigration (EEA) Regulations 2006

Extended right of residence
14(2)A family member of a qualified person residing in the United Kingdom under paragraph (1) or of an EEA national with a permanent right of residence (you) under regulation 15 is entitled to reside in the United Kingdom for so long as he remains the family member of the qualified person or EEA national (the one with PR- you).

This means that, while EEAs who have not yet obtained PR need to be a qualified person (worker, student/self-sufficient+insurance etc) once you get a confirmation of PR, all you have to do is not lose it (by being away for over 2 consecutive years. Thus, as long as you have a PR, Regulation 14(2) allows your family member mother to be with you! No need for you to prove that you are working or anyth. For all they know, you may be a benefits scrounge and living off the state, but your mum is still legal here as you have obtained PR! END OF, these are the rules and as much as the UKBA would love to bend them, the PR allows your family members easy access to the country and everything in it.

Secondly, your mother is not supposed to have a "footprint" somewhere for 5 years, nor to register her name on any utility bill! A sworn statement from you (an affidavit) should suffice as to the dates she resided. Equally, any scattered proof is enough (bank statements, GP visits, dentist appointments, gym membership, concert tickets- ANYTHING). What if she is totally dependent on you and does not work or do anything? This does not change anything.

I would APPEAL and this matter can be easily straightened in a court of law, where your and her evidence (and anyone else who can attest her residence for 5 years, without absences exceeding 6 months in a year) as to her residence will be fine. Her residence is a matter of fact- she either has or has not resided here for 5 years, the burden of proof is on the balance of probabilitie- i.e. according to your story, she is more likely than not to have resided here for 5 years.

Them people at the UKBA are taking the piss, hoping applicants would give up.

Request compensation and a promise to change the policy when someone is rejected for PR! While PR requires more stringent points to satisfy, normal residence can be resumed the very next second after having breached the requirement! So, refer them to 14(2) above and ask why they are so dumb and annoying over there in the "genius bar".

Good luck and don't worry, should they even attempt to deport your mummy, you would sue them for even more moneys! Win-Win situation, really.

[mcovet]

WAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA

How do you imagine her ceasing to be his mother? She would then apply to retain her right of residence, right?

You have confused this bit with those family members who became family members and may cease to be family members (i.e. extended family members, spouses etc.). This cannot apply to direct familial relationships such as those ascending or descending, read your quote again and tell your friends that you made someone laugh as never before thanks for that! I will be telling people about this joke/true story for a while from now...if she no longer is your mother... unless we are talking about someone who is a parent to a child giving him up for adoption (which is hardly the case here) JUST HOW DO YOU IMAGINE HER NO LONGER BEING HIS MOTHER? HOW? HAHAHAHAHAHAHAHAHA

Thanks mate.my mothers rc already expired before apply for pr .so is she still legal here as my family member?Thanks in advance

She is always legal as long as she is your family member and you are exercising treaty rights. Still, in some circumstances she can remain legal even if she is no longer your mother (I don't know how but let's say if) or if you are not exercising treaty rights

[hyfa]

Dear all
I did appeal and reapply . I received a letter from the court that appeal application accepted but I did not receive Coa.so which way I should proceed now ? Thanks

[EUsmileWEallsmile]

Dear all
I did appeal and reapply . I received a letter from the court that appeal application accepted but I did not receive Coa.so which way I should proceed now ? Thanks

I'm not sure if the appeal was heard and allowed or whether they have accepted the application. If the former, great!

[hyfa]

Thanks for reply . I got appeal hearing date first week of next month.but I did not receive Coa yet.so what can I do now? Thanks

[EUsmileWEallsmile]

Thanks for reply . I got appeal hearing date first week of next month.but I did not receive Coa yet.so what can I do now? Thanks

Basically, if your appeal has not been heard yet, you need to wait for this process to conclude first.

BTW, did you have to pay a fee for appeal?

[hyfa]

Thanks. Yes I paid fee for appeal.