Need advice on a bit complicated EEA4 application

[kroketa]

Hello Everyone,

I got couple of questions about applying for the Permanent Residence as a non-EEA national family member who has retained his rights of residence following the dissolution of the marriage of my parents. My case is a little bit tricky so I will firstly outline all important details of my case in a timeline, then provide further relevant information about the case and then ask you very specific questions.

The timeline:

1. 17 Oct 2006 – I Arrived to the UK for the first time as a non-EEA national child of an EEA national

2. 24 Nov 2006 – I made an application for the Residence Permit on the basis of being a non-EEA national child of an EEA national who was exercising her treaty rights in the UK.

3. 2 Mar 2007 - My application for the Residence Permit was approved with the right to stay for 5 years, until 2 Mar 2012.

4. Between 20 Sep 2007 and 9 Jul 2010 - I was a full time student doing GCSAs and then A-levels.

5. From 22 Sep 2010 to present - I have been attending an undergraduate course which leads to a qualified BA degree.

6. 1 October 2010 – Beginning of divorce of my non-EEA national father and my EEA-national stepmother – decree nisi received.

7. 2 Nov 2010 – my non-EEA national father receives his Permanent Residence (PR) after having leaved with his spouse for more than 6 years.

8. 23 Nov 2010 – Decree Absolute received indicating completion of the divorce of my non-EEA national father and my EEA-national stepmother.

9. 26 Jan 2011 – I made the application for the retention of rights of residence following the divorce of my parents on the basis of Regulation 10 (5) of the 2006 Immigration (EEA) Regulations.
a. My current age is 22, but the dissolution of the marriage of my parents occurred before I turned 21.

10. 21 April 2011 - I satisfied the criteria laid in the Regulation 10 (5) but received a Residence Card of a Family Member of an EEA national was issued to me valid until 21 April 2016. The covering letter that came back with my documents stated that
“At present your only claim to remain in the UK is as the family member of an EEA national who is exercising Treaty rights here. If your family member decides to leave the UK, or ceases to exercise Treaty rights, or if you cease to be a family member, you would have to qualify to remain in the UK in your own right.
This Directorate should be notified immediately if your family member decides to leave the UK, or ceases to exercise a Treaty right here, or if you cease to be a family member.”

11. 7 June 2011 – I complaint to the North West Customer Service Unit about my application for the retention of rights of residence following divorce of my non-EEA national father and EEA national stepmother because it appeared that I was issued with an incorrect Residence document. This is what was their reply
“The Regulations provide for those non-EEA nationals who have divorced their EEA national spouse, to retain a right of residence if specific criteria are met. Under Regulation 10, if you and your wife divorce, but the marriage has lasted for at least three years immediately before the initiation of divorce proceedings and you have resided as a couple in the UK for at least one year during your marriage, then you may have retained a right of residence. After your divorce on 23 November 2010, you satisfied this criteria and a Residence Card was issued to you on 28 April 2011, valid until 21 April 2016.
At present your only claim to remain in the UK is as the family member of an EEA national who is exercising Treaty rights here. If your ex-wife, ***** *****, decides to leave the UK, or ceases to exercise Treaty rights, or if you cease to be a family member, you would have to qualify to remain in the UK in your own right.”

12. No further actions have been taken because it appears (only appears as I am not sure about this) that my non-EEA national father is treated as an EEA national due to a document certifying Permanent Residence in his passport.

Additional Details:

a. I have been a resident 5 years and 10 months
b. I have been in full time education since 20 Sep 2007 and still continuo my undergraduate studies at university.
c. I don’t have a full time job due to my undergraduate studies. I am fully dependent on my father in economic terms.
d. My non-EEA national father has a valid Permanent Residence (PR) Card and been exercising the treaty rights throughout his time in the UK (more than 8 years) by being either employed or self-employed.
e. My father’s passport is about to expire in couple of weeks’ time and there might be some bureaucratic difficulties in renewing his passport.



My intentions: I intend to apply for PR

The questions:

1) Does the UKBA caseworker refer to my non-EEA national father or the EEA national ex-wife in the citations from the letters in points 11 and 12 of the above timeline?

2) What is the best way to complete the EEA4 form in my situation?
a. Do I need to complete the section 3 of the EEA4 form asking for details of my EEA national family member?

i. If so, should I put the details of my non-EEA national father who has Permanent Residence or my ex-stepmother with whom I don’t have any contact at this moment?

b. Should I complete section 4 – Retained rights of Residence – even though I have already made the application for the retention of the rights of residence?

c. In the section 7 that asks the way(s) in which the EEA national exercised the treaty rights for 5 years, should I just tick the box that says “if your EEA national family member has a document certifying permanent residence, please tick this box and go to section 8, otherwise please complete sec 7 below”

3) Although my father still has a valid PR card in the passport, it is about to expire. Would the UKBA caseworker treat his expired passport with a valid (not expired) PR in it as a valid document?

a. In case my father applies for naturalization and receives British citizenship, would I still be able to apply for PR via the European route?
Please do not hesitate to contact me for any further information regarding my case.

4) do I need a comprehensive sickness insurance?


I would deeply appreciate a quick response or a reference to a similar topic in the forum, although I understand that it might be difficult to do that due to complexity of my case.


Many many thanks in advance for your replies.

[EUsmileWEallsmile]

Hello Everyone,

I got couple of questions about applying for the Permanent Residence as a non-EEA national family member who has retained his rights of residence following the dissolution of the marriage of my parents. My case is a little bit tricky so I will firstly outline all important details of my case in a timeline, then provide further relevant information about the case and then ask you very specific questions.

The timeline:

1. 17 Oct 2006 – I Arrived to the UK for the first time as a non-EEA national child of an EEA national

2. 24 Nov 2006 – I made an application for the Residence Permit on the basis of being a non-EEA national child of an EEA national who was exercising her treaty rights in the UK.

3. 2 Mar 2007 - My application for the Residence Permit was approved with the right to stay for 5 years, until 2 Mar 2012.

4. Between 20 Sep 2007 and 9 Jul 2010 - I was a full time student doing GCSAs and then A-levels.

5. From 22 Sep 2010 to present - I have been attending an undergraduate course which leads to a qualified BA degree.

6. 1 October 2010 – Beginning of divorce of my non-EEA national father and my EEA-national stepmother – decree nisi received.

7. 2 Nov 2010 – my non-EEA national father receives his Permanent Residence (PR) after having leaved with his spouse for more than 6 years.

8. 23 Nov 2010 – Decree Absolute received indicating completion of the divorce of my non-EEA national father and my EEA-national stepmother.

9. 26 Jan 2011 – I made the application for the retention of rights of residence following the divorce of my parents on the basis of Regulation 10 (5) of the 2006 Immigration (EEA) Regulations.
a. My current age is 22, but the dissolution of the marriage of my parents occurred before I turned 21.

10. 21 April 2011 - I satisfied the criteria laid in the Regulation 10 (5) but received a Residence Card of a Family Member of an EEA national was issued to me valid until 21 April 2016. The covering letter that came back with my documents stated that
“At present your only claim to remain in the UK is as the family member of an EEA national who is exercising Treaty rights here. If your family member decides to leave the UK, or ceases to exercise Treaty rights, or if you cease to be a family member, you would have to qualify to remain in the UK in your own right.
This Directorate should be notified immediately if your family member decides to leave the UK, or ceases to exercise a Treaty right here, or if you cease to be a family member.”

11. 7 June 2011 – I complaint to the North West Customer Service Unit about my application for the retention of rights of residence following divorce of my non-EEA national father and EEA national stepmother because it appeared that I was issued with an incorrect Residence document. This is what was their reply
“The Regulations provide for those non-EEA nationals who have divorced their EEA national spouse, to retain a right of residence if specific criteria are met. Under Regulation 10, if you and your wife divorce, but the marriage has lasted for at least three years immediately before the initiation of divorce proceedings and you have resided as a couple in the UK for at least one year during your marriage, then you may have retained a right of residence. After your divorce on 23 November 2010, you satisfied this criteria and a Residence Card was issued to you on 28 April 2011, valid until 21 April 2016.
At present your only claim to remain in the UK is as the family member of an EEA national who is exercising Treaty rights here. If your ex-wife, ***** *****, decides to leave the UK, or ceases to exercise Treaty rights, or if you cease to be a family member, you would have to qualify to remain in the UK in your own right.”

12. No further actions have been taken because it appears (only appears as I am not sure about this) that my non-EEA national father is treated as an EEA national due to a document certifying Permanent Residence in his passport.

Additional Details:

a. I have been a resident 5 years and 10 months
b. I have been in full time education since 20 Sep 2007 and still continuo my undergraduate studies at university.
c. I don’t have a full time job due to my undergraduate studies. I am fully dependent on my father in economic terms.
d. My non-EEA national father has a valid Permanent Residence (PR) Card and been exercising the treaty rights throughout his time in the UK (more than 8 years) by being either employed or self-employed.
e. My father’s passport is about to expire in couple of weeks’ time and there might be some bureaucratic difficulties in renewing his passport.



My intentions: I intend to apply for PR

The questions:

1) Does the UKBA caseworker refer to my non-EEA national father or the EEA national ex-wife in the citations from the letters in points 11 and 12 of the above timeline?

2) What is the best way to complete the EEA4 form in my situation?
a. Do I need to complete the section 3 of the EEA4 form asking for details of my EEA national family member?

i. If so, should I put the details of my non-EEA national father who has Permanent Residence or my ex-stepmother with whom I don’t have any contact at this moment?

b. Should I complete section 4 – Retained rights of Residence – even though I have already made the application for the retention of the rights of residence?

c. In the section 7 that asks the way(s) in which the EEA national exercised the treaty rights for 5 years, should I just tick the box that says “if your EEA national family member has a document certifying permanent residence, please tick this box and go to section 8, otherwise please complete sec 7 below”

3) Although my father still has a valid PR card in the passport, it is about to expire. Would the UKBA caseworker treat his expired passport with a valid (not expired) PR in it as a valid document?

a. In case my father applies for naturalization and receives British citizenship, would I still be able to apply for PR via the European route?
Please do not hesitate to contact me for any further information regarding my case.

4) do I need a comprehensive sickness insurance?


I would deeply appreciate a quick response or a reference to a similar topic in the forum, although I understand that it might be difficult to do that due to complexity of my case.


Many many thanks in advance for your replies.

This is not something I am wholly familiar with (please bear this in mind).

Were you less than 21 on 16 Oct 2011? If no, this may complicate matters for you unless you were dependent on your parents (inc step-parent).

If you have lived in the UK in accordance with the EEA regulations for five years, you would be entitled to permanent residence in your own right. PR will have been achieved on 16 Oct 2011 at the earliest, provided you satisfied all the conditions.

You received a document confirming that you were a person who retained right of residence on 21 April 2011. This is great, but in general it is expected that those who hold one are either self-sufficient or employed if they wish to qualify for PR.

It is interesting that your father (non-EU) already has PR.

[thsths]

1) Does the UKBA caseworker refer to my non-EEA national father or the EEA national ex-wife in the citations from the letters in points 11 and 12 of the above timeline?

It seems that they refer to your father. He is not an EEA national, but he is treated as one for immigration purposes, and he is the person you depend on.

2) What is the best way to complete the EEA4 form in my situation?

Tricky - I would fill it in as best as possible, and attach a short explanation of the situation.

3) Although my father still has a valid PR card in the passport, it is about to expire. Would the UKBA caseworker treat his expired passport with a valid (not expired) PR in it as a valid document?

That's not a problem, because the PR is still valid. But he should renew his passport as soon as possible, otherwise it could lead to complications.

a. In case my father applies for naturalization and receives British citizenship, would I still be able to apply for PR via the European route?

Funny enough that could cause problems. A recent and rather inconsistent change in the interpretation of case law means that as a British Citizen, he can no longer rely on the European law, and neither can you. And since you are over 18, you do not qualify to register as a British Citizen either - you could be quite stuck.

4) do I need a comprehensive sickness insurance?

I think not, because you are not the "EEA national" in question.

But the case is indeed quite complex, and I may have overlooked something.

[Kitty]

There are a couple of problems here:

1. The EEA4 form does not clearly cover the requirements for a former step-child with a retained right of residence, and

2. The UKBA has issued confusing statements about kroketa's retained right of residence, so we don't know whether they are in full possession of the facts. kroketa also needs to show he/she was living in the UK "in accordance with the Regulations" during the period when he/she retained the right of residence.

kroketa, you should have retained a right of residence from 23/11/2010 under regulation 10(5), as long as you or your father were then working or self-employed, or self-sufficient. If that is the case you would have acquired PR on 26/10/11 (5 years' residence).

The reason I mention work or self-employment is that under 10(5) you also have to satisfy one of the conditions in 10(6), which is that you are working etc. or that you are the family member of someone who is. There is no mention of being the family member of a person who has PR.

There is no set requirement for how you complete the form (indeed, there is no legal requirement to use the form for your application at all, as long as you submit the required information): the aim is to get your information over to the UKBA as clearly as possible.

In your case:

You were the family member of a qualified person (your step-mother) until 23/11/2010. This is because you were under 21 or a dependant of your father. Until this point you need to rely on your step-mother's status as a qualified person (or a person with PR): the fact that your father obtained PR is evidence of her status, but you still have to rely on your step-mother's status.

You retained a right of residence after the divorce on 23/11/2010. This depends on your being your father's child under 21, or his dependant. He should also have been working, self-employed, or self-sufficient.

You continued to satisfy the requirements of regulation 10(5) and 10(6) until 26/10/11.

Your timeline contains all the relevant dates, except for details about how you were living in the UK "in accordance with the Regulations" between the time your father acquired PR and the divorce, and from the date of the divorce until 26/10/11.

For this you need:

Confirmation that your step-mother had acquired PR on or before 2 October (the fact that your father had it is evidence that she had).

Confirmation that your father was working from 23/11/2010 until at least 26/10/11.

Confirmation that you were dependant on your father after the divorce and after you turned 21 (i.e. you have continued to be his "family member").

I can't see any way around the anomaly that you apparently cannot rely on your father's PR status after the divorce.

[kroketa]

Hello Everyone,

I got couple of questions about applying for the Permanent Residence as a non-EEA national family member who has retained his rights of residence following the dissolution of the marriage of my parents. My case is a little bit tricky so I will firstly outline all important details of my case in a timeline, then provide further relevant information about the case and then ask you very specific questions.

The timeline:

1. 17 Oct 2006 – I Arrived to the UK for the first time as a non-EEA national child of an EEA national

2. 24 Nov 2006 – I made an application for the Residence Permit on the basis of being a non-EEA national child of an EEA national who was exercising her treaty rights in the UK.

3. 2 Mar 2007 - My application for the Residence Permit was approved with the right to stay for 5 years, until 2 Mar 2012.

4. Between 20 Sep 2007 and 9 Jul 2010 - I was a full time student doing GCSAs and then A-levels.

5. From 22 Sep 2010 to present - I have been attending an undergraduate course which leads to a qualified BA degree.

6. 1 October 2010 – Beginning of divorce of my non-EEA national father and my EEA-national stepmother – decree nisi received.

7. 2 Nov 2010 – my non-EEA national father receives his Permanent Residence (PR) after having leaved with his spouse for more than 6 years.

8. 23 Nov 2010 – Decree Absolute received indicating completion of the divorce of my non-EEA national father and my EEA-national stepmother.

9. 26 Jan 2011 – I made the application for the retention of rights of residence following the divorce of my parents on the basis of Regulation 10 (5) of the 2006 Immigration (EEA) Regulations.
a. My current age is 22, but the dissolution of the marriage of my parents occurred before I turned 21.

10. 21 April 2011 - I satisfied the criteria laid in the Regulation 10 (5) but received a Residence Card of a Family Member of an EEA national was issued to me valid until 21 April 2016. The covering letter that came back with my documents stated that
“At present your only claim to remain in the UK is as the family member of an EEA national who is exercising Treaty rights here. If your family member decides to leave the UK, or ceases to exercise Treaty rights, or if you cease to be a family member, you would have to qualify to remain in the UK in your own right.
This Directorate should be notified immediately if your family member decides to leave the UK, or ceases to exercise a Treaty right here, or if you cease to be a family member.”

11. 7 June 2011 – I complaint to the North West Customer Service Unit about my application for the retention of rights of residence following divorce of my non-EEA national father and EEA national stepmother because it appeared that I was issued with an incorrect Residence document. This is what was their reply
“The Regulations provide for those non-EEA nationals who have divorced their EEA national spouse, to retain a right of residence if specific criteria are met. Under Regulation 10, if you and your wife divorce, but the marriage has lasted for at least three years immediately before the initiation of divorce proceedings and you have resided as a couple in the UK for at least one year during your marriage, then you may have retained a right of residence. After your divorce on 23 November 2010, you satisfied this criteria and a Residence Card was issued to you on 28 April 2011, valid until 21 April 2016.
At present your only claim to remain in the UK is as the family member of an EEA national who is exercising Treaty rights here. If your ex-wife, ***** *****, decides to leave the UK, or ceases to exercise Treaty rights, or if you cease to be a family member, you would have to qualify to remain in the UK in your own right.”

12. No further actions have been taken because it appears (only appears as I am not sure about this) that my non-EEA national father is treated as an EEA national due to a document certifying Permanent Residence in his passport.

Additional Details:

a. I have been a resident 5 years and 10 months
b. I have been in full time education since 20 Sep 2007 and still continuo my undergraduate studies at university.
c. I don’t have a full time job due to my undergraduate studies. I am fully dependent on my father in economic terms.
d. My non-EEA national father has a valid Permanent Residence (PR) Card and been exercising the treaty rights throughout his time in the UK (more than 8 years) by being either employed or self-employed.
e. My father’s passport is about to expire in couple of weeks’ time and there might be some bureaucratic difficulties in renewing his passport.



My intentions: I intend to apply for PR

The questions:

1) Does the UKBA caseworker refer to my non-EEA national father or the EEA national ex-wife in the citations from the letters in points 11 and 12 of the above timeline?

2) What is the best way to complete the EEA4 form in my situation?
a. Do I need to complete the section 3 of the EEA4 form asking for details of my EEA national family member?

i. If so, should I put the details of my non-EEA national father who has Permanent Residence or my ex-stepmother with whom I don’t have any contact at this moment?

b. Should I complete section 4 – Retained rights of Residence – even though I have already made the application for the retention of the rights of residence?

c. In the section 7 that asks the way(s) in which the EEA national exercised the treaty rights for 5 years, should I just tick the box that says “if your EEA national family member has a document certifying permanent residence, please tick this box and go to section 8, otherwise please complete sec 7 below”

3) Although my father still has a valid PR card in the passport, it is about to expire. Would the UKBA caseworker treat his expired passport with a valid (not expired) PR in it as a valid document?

a. In case my father applies for naturalization and receives British citizenship, would I still be able to apply for PR via the European route?
Please do not hesitate to contact me for any further information regarding my case.

4) do I need a comprehensive sickness insurance?


I would deeply appreciate a quick response or a reference to a similar topic in the forum, although I understand that it might be difficult to do that due to complexity of my case.


Many many thanks in advance for your replies.

This is not something I am wholly familiar with (please bear this in mind).

Were you less than 21 on 16 Oct 2011? If no, this may complicate matters for you unless you were dependent on your parents (inc step-parent).

If you have lived in the UK in accordance with the EEA regulations for five years, you would be entitled to permanent residence in your own right. PR will have been achieved on 16 Oct 2011 at the earliest, provided you satisfied all the conditions.

You received a document confirming that you were a person who retained right of residence on 21 April 2011. This is great, but in general it is expected that those who hold one are either self-sufficient or employed if they wish to qualify for PR.

It is interesting that your father (non-EU) already has PR.

Thank you so much EUsmileWEallsmile for your reply and for posting me the link to the relevant case in my other post, which I will kindly include with my application for the caseworker in case they will have any doubts about expired documents.

Regarding your first question about my age, I was 21 year old on 16 Oct 2011.

Secondly, I did live in the UK in accordance with the EEA regulations from the day I entered to the UK. However, I can provide proof for the period from 20 Sep 2007 and until now – which on 20 Sep 2012 adds up to exactly 5 years. By proof I mean the fact that I was in full time education from 20 Sep 2007 and until now (and will be until my graduation date from university at some point in July 2013). I will include letters from the college and university.

Regarding my father, he qualified for PR because he has been residing in the UK in accordance with the EEA regulations for more than 6 years by the time he received PR. To be more precise, from 2004 and until now, he has been constantly working as employed or self-employed person, with no gaps or “rest” periods.

Thanks again for all your time!

[kroketa]

1) Does the UKBA caseworker refer to my non-EEA national father or the EEA national ex-wife in the citations from the letters in points 11 and 12 of the above timeline?

It seems that they refer to your father. He is not an EEA national, but he is treated as one for immigration purposes, and he is the person you depend on.

2) What is the best way to complete the EEA4 form in my situation?

Tricky - I would fill it in as best as possible, and attach a short explanation of the situation.

3) Although my father still has a valid PR card in the passport, it is about to expire. Would the UKBA caseworker treat his expired passport with a valid (not expired) PR in it as a valid document?

That's not a problem, because the PR is still valid. But he should renew his passport as soon as possible, otherwise it could lead to complications.

a. In case my father applies for naturalization and receives British citizenship, would I still be able to apply for PR via the European route?

Funny enough that could cause problems. A recent and rather inconsistent change in the interpretation of case law means that as a British Citizen, he can no longer rely on the European law, and neither can you. And since you are over 18, you do not qualify to register as a British Citizen either - you could be quite stuck.

4) do I need a comprehensive sickness insurance?

I think not, because you are not the "EEA national" in question.

But the case is indeed quite complex, and I may have overlooked something.

Thanks a lot thsthsyou’re your reply! The requirement of the comprehensive sickness insurance it is a bit confusing because I don’t understand to whom it refers to.

Intuitively, I would assume that it refers to the applicant (i.e. to me) who is a student or a self-suficient person, in the case when he/she is a family member of a person who is also a student or a self-sufficient person. But when the applicant is a dependent family member of a person who is an employed or self-employed worker (like my father) then the applicant don’t need the comprehensive sickness insurance.
Is that correct interpretation?

Also, do you know if my working father needs to earn a particular amount of money for the purpose of supporting me in the application for PR?

[kroketa]

There are a couple of problems here:

1. The EEA4 form does not clearly cover the requirements for a former step-child with a retained right of residence, and

2. The UKBA has issued confusing statements about kroketa's retained right of residence, so we don't know whether they are in full possession of the facts. kroketa also needs to show he/she was living in the UK "in accordance with the Regulations" during the period when he/she retained the right of residence.

kroketa, you should have retained a right of residence from 23/11/2010 under regulation 10(5), as long as you or your father were then working or self-employed, or self-sufficient. If that is the case you would have acquired PR on 26/10/11 (5 years' residence).

The reason I mention work or self-employment is that under 10(5) you also have to satisfy one of the conditions in 10(6), which is that you are working etc. or that you are the family member of someone who is. There is no mention of being the family member of a person who has PR.

There is no set requirement for how you complete the form (indeed, there is no legal requirement to use the form for your application at all, as long as you submit the required information): the aim is to get your information over to the UKBA as clearly as possible.

In your case:

You were the family member of a qualified person (your step-mother) until 23/11/2010. This is because you were under 21 or a dependant of your father. Until this point you need to rely on your step-mother's status as a qualified person (or a person with PR): the fact that your father obtained PR is evidence of her status, but you still have to rely on your step-mother's status.

You retained a right of residence after the divorce on 23/11/2010. This depends on your being your father's child under 21, or his dependant. He should also have been working, self-employed, or self-sufficient.

You continued to satisfy the requirements of regulation 10(5) and 10(6) until 26/10/11.

Your timeline contains all the relevant dates, except for details about how you were living in the UK "in accordance with the Regulations" between the time your father acquired PR and the divorce, and from the date of the divorce until 26/10/11.

For this you need:

Confirmation that your step-mother had acquired PR on or before 2 October (the fact that your father had it is evidence that she had).

Confirmation that your father was working from 23/11/2010 until at least 26/10/11.

Confirmation that you were dependant on your father after the divorce and after you turned 21 (i.e. you have continued to be his "family member").

I can't see any way around the anomaly that you apparently cannot rely on your father's PR status after the divorce.

Hello kitty, I can’t thank you enough for taking your time to write such a comprehensive reply!

I wanted to answer to couple of your questions and clarify certain things to have a better understanding of the situation.

1. Yes it is so true.
2. Yes, the UKBA’s statements are confusing in my situation. Between 20 Sep 2007 and up until now, I have constantly been in full time education. That covers the period when I was retaining the right of residence.

3. My father has been employed or self-employed worker from his arrival in 2004 and up until the present days. There was no period when he was unemployed.

I would be very grateful if you Kitty, or perhaps someone else, could clarify for me the following points:

1) Is there a particular requirement for an employed or self-employed person to earn a certain amount of money to be deemed as a “qualified person”? For instance, if my father is employed, but he is not well paid, with a salary below £10,000 per annum? I think it is important to mention that he does not claim any benefits from the government at all.
2) Is a tenancy agreement on mine and my father’s name, covering the period from March 2010 and ending in March 2013, a good proof that I have been dependent on my parent throughout the entire time?
3) Which “qualifying period” interval should I better choose? I have missed out some details that I think might be relevant for this question.
a. On 17 Oct 2006 I arrived with a “Visitor’s visa”.
b. Between 24 Nov 2006 and 2 Mar 2007, I was not studying because my passport was with the UKBA team.
c. Between 2 Mar 2007 and 20 Sep 2007, I was not studying because I missed the Jan 2007 intake and had to wait until Sep 2007 to become enrolled. So no proof of what I was doing for that time.
d. Therefore, the letters from the educational establishments that I was attending (public college first and university second) only cover the period from 20.09.2007 to 7.06.2013.

Thank you very much again Kitty for structuring the reply in such a clear way! It helps me a lot.

[EUsmileWEallsmile]

The earliest you could have achieved PR would have been 17/10/11 (ie five years after entry to the UK). On entry to the UK, you were the family member of your step-mother and so lived in accordance with the regulations until at least 23/10/10 divorce when the divorce was finalised.

From then you were living in the UK as part of your father's household. He remained a worker throughout, which is good. You were still living in accordance with the regulations.

Some point before your 17/10/11, you reached 21 years of age. Now, the missing piece of information is whether you were dependent on your father from your 21st birthday until at least 17/10/11.

[Kitty]

I would be very grateful if you Kitty, or perhaps someone else, could clarify for me the following points:

1) Is there a particular requirement for an employed or self-employed person to earn a certain amount of money to be deemed as a “qualified person”? For instance, if my father is employed, but he is not well paid, with a salary below £10,000 per annum? I think it is important to mention that he does not claim any benefits from the government at all.

There is no income requirement: the work he is doing needs only to be "genuine and effective". It can be part-time.

2) Is a tenancy agreement on mine and my father’s name, covering the period from March 2010 and ending in March 2013, a good proof that I have been dependent on my parent throughout the entire time?

If you are a full-time student, dependant on your father for support, then you should retain the status of "family member".

3) Which “qualifying period” interval should I better choose? I have missed out some details that I think might be relevant for this question.
a. On 17 Oct 2006 I arrived with a “Visitor’s visa”.
b. Between 24 Nov 2006 and 2 Mar 2007, I was not studying because my passport was with the UKBA team.
c. Between 2 Mar 2007 and 20 Sep 2007, I was not studying because I missed the Jan 2007 intake and had to wait until Sep 2007 to become enrolled. So no proof of what I was doing for that time.
d. Therefore, the letters from the educational establishments that I was attending (public college first and university second) only cover the period from 20.09.2007 to 7.06.2013.

The fact that you were studying is not relevant (except that being in full time education makes it more likely that you are your father's dependant since you turned 21).

When you came to the UK in 2006, you say you had a "visitor visa", but in your first post you said you came as the family member of an EEA national.

If your father and step-mother were already here, and already married when you arrived, and your step-mother was exercising treaty rights, then you have had a right to reside here under the European Directive since that date.

You do have an independent right of residence as a student in full-time education (under Article 12 of Regulation 1612/68) but it is not clear whether you can use this towards PR: there is currently a case referred to the ECJ asking just such a question. If you can rely on your retained rights after your parents' divorce, then that seems a more straightforward way to achieve your goal.

[kroketa]

The earliest you could have achieved PR would have been 17/10/11 (ie five years after entry to the UK). On entry to the UK, you were the family member of your step-mother and so lived in accordance with the regulations until at least 23/10/10 divorce when the divorce was finalised.

From then you were living in the UK as part of your father's household. He remained a worker throughout, which is good. You were still living in accordance with the regulations.

Some point before your 17/10/11, you reached 21 years of age. Now, the missing piece of information is whether you were dependent on your father from your 21st birthday until at least 17/10/11.

I have not been working at any time during my studies because, frankly speaking, it was impossible to do anything else apart from studying.

Is there a some sort of document that can confirm a lack of a specific level of income or not being in employment? i.e. would it be a good idea to include my NI number and ask the Home Secretary to check whether I was paying NI contributions from employment or any other flow of revenue? or how about a written statement where I say that I have not been employed and reply entirely on my father to support me during my studies?

I can provide the UKBA with a joint tenancy agreement on mine and my father's names and different utility bills that my father pays for the property.

The only thing that might concern me is whether a student's loan can qualify as a source of income? I mean technically it is a loan which you have to pay back once you graduate, akin to a bank loan.

[kroketa]

When you came to the UK in 2006, you say you had a "visitor visa", but in your first post you said you came as the family member of an EEA national.

Really sorry for the confusion, it might sound a bit perplexing but I applied for visitors visa to make sure that I am admitted to the UK on arrival. Back in 2006, the 2004 Regulations were implemented, lets say, inconsistently.

If your father and step-mother were already here, and already married when you arrived, and your step-mother was exercising treaty rights, then you have had a right to reside here under the European Directive since that date.

By the time I arrived, my parents were there for around 4 years. They both were exercising the treaty rights ,i.e. were employed.

You do have an independent right of residence as a student in full-time education (under Article 12 of Regulation 1612/68) but it is not clear whether you can use this towards PR: there is currently a case referred to the ECJ asking just such a question. If you can rely on your retained rights after your parents' divorce, then that seems a more straightforward way to achieve your goal.

It seems like an interesting and relevant case - it would be great to find out the result of the hearings.

I am not sure if I can rely on the fact that I have retained the rights of residence, because the UKBA issued quite confusing statements.

[EUsmileWEallsmile]

Let's simplify matters a little and look at the following examples.

Case1

Non EU national A moves to the UK as the family member of EU national B. B is a worker throughout. A gets their own job on their 18 birthday and relies on their own income. A turns 21 before having lived in the UK for five years. A fails to demonstrate entitlement to PR not being dependent on B after the age of 21.

Case 2

Non EU national A moves to the UK as the family member of EU national B. B is a worker throughout. A gets their own job on their 18 birthday and relies on their own income. A turns 21 after having lived in the UK for five years. A is entitled to PR.

Case 3

Non EU national A arrives to the UK as the family member of EU national B. B is a worker throughout. Although A turns 21 four years after arriving in the UK, A is dependent on B throughout their residence. A demonstrates dependency on B and thus entitlement to PR.

Do you see the importance of being a dependent post 21?

[Kitty]

It seems like an interesting and relevant case - it would be great to find out the result of the hearings.

I am not sure if I can rely on the fact that I have retained the rights of residence, because the UKBA issued quite confusing statements.

The case is Alarape.

It would be more straightforward to establish yourself as having retained a right of residence, as long as you are dependent on your father.

Otherwise you are probably going to have to wait until the response of the ECJ.

[kroketa]

It seems like an interesting and relevant case - it would be great to find out the result of the hearings.

I am not sure if I can rely on the fact that I have retained the rights of residence, because the UKBA issued quite confusing statements.

The case is Alarape.

It would be more straightforward to establish yourself as having retained a right of residence, as long as you are dependent on your father.

Otherwise you are probably going to have to wait until the response of the ECJ.

Thanks Kitty, I really owe you one!

I have decided to establish my dependency and I have a good understanding of the things I need to include in my application.