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Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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akhr90
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Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by akhr90 » Mon Jun 06, 2016 11:11 pm

Hi Noajthan,

Many thanks again for your precious input.

Yes he was 69 last year when he retired last year in 2015.


I have one question, whole afternoon and evening I spent time in reading the whole case of my self and my Mrs. At the time of my case Dad's wasn't claiming any benefits at all in 2011.

But at the time of my Mrs RC in Sep 2014. He was claiming all the benefits and I was working full time as well. And she got RC in 11 days.

What is your opinion in this scenario? I am confused as I applied her RC as EFM and it was gone through successfully even he was claiming everything.

Please advise regarding this.

Many thanks

akhr90
Junior Member
Posts: 59
Joined: Sun Jun 05, 2016 4:18 pm

Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by akhr90 » Mon Jun 06, 2016 11:14 pm

And can I use EEA4 form (Old version) instead of this gigantic 87 page EEA PR form (New 03/2016 version)?

Please advise if you have got any reference regarding this?


Many thanks.

noajthan
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Location: UK

Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by noajthan » Mon Jun 06, 2016 11:22 pm

akhr90 wrote:Hi Noajthan,

Many thanks again for your precious input.

Yes he was 69 last year when he retired last year in 2015.

I have one question, whole afternoon and evening I spent time in reading the whole case of my self and my Mrs. At the time of my case Dad's wasn't claiming any benefits at all in 2011.

But at the time of my Mrs RC in Sep 2014. He was claiming all the benefits and I was working full time as well. And she got RC in 11 days.

What is your opinion in this scenario? I am confused as I applied her RC as EFM and it was gone through successfully even he was claiming everything.

Please advise regarding this.

Many thanks
So father hit a good retirement age which, as per my understanding, keeps the Reg 5 show on the road.

As mentioned previously I don't know much about the benefits side of it.
But as I mentioned earlier, evidently HO and/or the appeal judge accepted your status and any/all parties' access to benefits at the RC stage.

:!: My main concern is whether your wife as an EFM can use the Reg 5 route with you, baby and father.
If you read my post above you can see it may be that she cannot.

I still don't understand why she's classed by HO as an EFM by the RC she was issued with :?:
Hope it doesn't mean that you are now an EFM too, (again as mentioned in posts above).

Need other wisdom on this.
:arrow: If you can post extracts from the decision letter/s that may help to clarify it too.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
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Location: UK

Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by noajthan » Mon Jun 06, 2016 11:26 pm

akhr90 wrote:And can I use EEA4 form (Old version) instead of this gigantic 87 page EEA PR form (New 03/2016 version)?

Please advise if you have got any reference regarding this?

Many thanks.
HO guidance itself confirms that the latest, greatest form is not a legal and mandatory requirement.

From guidance:
It’s not mandatory to use the EEA(PR) application form but it will assist us in dealing with your application more efficiently if you do. Even if you choose not to use this form, you must pay the specified fee, submit the relevant supporting documents and (if you’re a non-EEA national) give your biometric information.
Ref https://www.gov.uk/government/uploads/s ... -04_KP.pdf

You could be hardcore and apply by letter.

Others go commando and use an earlier (simpler) version of the form.
(To be found in forum and/or in the Gov UK archives website).

See also: https://www.freemovement.org.uk/home-of ... mandatory/
All that is gold does not glitter; Not all those who wander are lost. E&OE.

akhr90
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Posts: 59
Joined: Sun Jun 05, 2016 4:18 pm

Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by akhr90 » Mon Jun 06, 2016 11:29 pm

@noajthan
Need other wisdom on this.
If you can post extracts from the decision letter/s that may help to clarify it too.

You mean about my decision letter in which I was granted RC? If that's the one you are asking I will definitely post it tomorrow I have scanned them all but currently making them anonymous.

akhr90
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Posts: 59
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Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by akhr90 » Mon Jun 06, 2016 11:38 pm

You are star for the link of HO guidance regarding the form.


Many thanks.

akhr90
Junior Member
Posts: 59
Joined: Sun Jun 05, 2016 4:18 pm

Re: 137 Pages EEA application form, what for exactly

Post by akhr90 » Tue Jun 07, 2016 12:06 am

Hi All,

First of all my sincere apologies If I can submit the post here or not? As I am having my own thread which I am looking to resolve.

http://www.immigrationboards.com/eea-ro ... 04-20.html

I am NON EEA aged 37 and got my RC (When i was 32) on behalf of my EEA National who is my Dad and he is 70. I am due to apply for PR in this month. My wife is also Non EEA she got RC in Sep 2014 on behalf of my dad and at the time my dad was receiving all kind of benefits plus he was self employed.

My question is that claiming benefits by EEA National going to be problem now? And also I just started 2 months ago Child benefits for my 1 year old who was born in UK as well.

Please advise if anyone can shed some light on it?

Many thanks.

akhr90
Junior Member
Posts: 59
Joined: Sun Jun 05, 2016 4:18 pm

Re: 137 Pages EEA application form, what for exactly

Post by akhr90 » Tue Jun 07, 2016 12:08 am

Claiming child benefits by RC holder who is Non EEA going to be a problem?

Please advise!!

akhr90
Junior Member
Posts: 59
Joined: Sun Jun 05, 2016 4:18 pm

Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by akhr90 » Tue Jun 21, 2016 1:03 am

Hi All,

Just to update you, today I have submitted my EEA PR on behalf of my father under reg 7. I found some guidance and ref in case worker instructions.

Hope and wish all goes well.

Regards

noajthan
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Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by noajthan » Tue Jun 21, 2016 7:35 am

akhr90 wrote:Hi All,

Just to update you, today I have submitted my EEA PR on behalf of my father under reg 7. I found some guidance and ref in case worker instructions.

Hope and wish all goes well.

Regards
Reg 7 or 5?

If it was useful to you it may also help others to share those cw instructions here.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

akhr90
Junior Member
Posts: 59
Joined: Sun Jun 05, 2016 4:18 pm

Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by akhr90 » Tue Jun 21, 2016 11:52 pm

Reg 7 100%

Because if I have applied under Reg 5 then he can't sponsor anyone in near future. And I have done his 2015-2016 tax return along with letter from accountant.

It is indeed very useful to me in my application. Lets see how it goes.

Tomorrow morning I will send you the exact link of cw in which he clearly mentioned that under Reg 7 doesn't mean an applicant has to be fully 100% dependent on the sponsor for EEA PR. Both can share rent and other expenses too.

So I included all the cw reference in my application along with the cw instructions print out.

I have sent almost 300 different kind of documents for myself & for my dad.

But i will definitely share everything.

akhr90
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Posts: 59
Joined: Sun Jun 05, 2016 4:18 pm

Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by akhr90 » Tue Jun 21, 2016 11:59 pm

And in addition to all. I have filled the 85 pages new v. 05/2016 form.

noajthan
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Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by noajthan » Wed Jun 22, 2016 12:49 am

akhr90 wrote:Reg 7 100%

Because if I have applied under Reg 5 then he can't sponsor anyone in near future. And I have done his 2015-2016 tax return along with letter from accountant.

It is indeed very useful to me in my application. Lets see how it goes.

Tomorrow morning I will send you the exact link of cw in which he clearly mentioned that under Reg 7 doesn't mean an applicant has to be fully 100% dependent on the sponsor for EEA PR. Both can share rent and other expenses too.

So I included all the cw reference in my application along with the cw instructions print out.

I have sent almost 300 different kind of documents for myself & for my dad.

But i will definitely share everything.
Do that.

But its well known that a child's dependency on the EEA sponsor may only be, say 50%.
The applicant does not need to be dependent on the relevant EEA national to meet all or most of their essential needs
And that would be the case under Regulation 5 or Regulation 7.

You may have misunderstood Regulation 5. Its just another way for an EEA national to acquire PR status.
There is no 'good PR' or 'bad PR', its all good.
And if someone has PR (no matter how it was acquired, whether via reg 5 or reg 7) they can sponsor any family member (if they have funds).

The problem comes if someone does not have PR nor exercise treaty rights (anymore), then they have no basis to reside in UK;
(unless ofcourse they themselves have some other EEA sponsor).

Interesting to see how a caseworker sorts this case out as father did not acquire PR in a regular way before retiring (he was a little shy of 5 years treaty rights);
now he's retired he cannot sponsor anyone if he does not have PR.

It all depends on what period you have used, whether HO actually considers you as an FM or EFM, and whom is actually dependent on whom - as discussed earlier in this thread.

If father's PR status is not confirmed then the whole thing collapses like a house of cards.
So hope for the best but plan for the worst.
Suggest come up with a Plan B for that eventuality.

As intimated earlier:
http://www.immigrationboards.com/eea-ro ... l#p1356913
All that is gold does not glitter; Not all those who wander are lost. E&OE.

akhr90
Junior Member
Posts: 59
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Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by akhr90 » Sun Jan 29, 2017 8:41 pm

Application posted on : 23.06.2016
Received by HO on : 24.06.2016
Payment taken on : 29.06.2016
Bio letter received on : 30.07.2016
Biometrics Enrolled on : 01.08.2016
COA With Work : 05.08.2016
Resident Card: Refused on 19.01.2017
Documents returned: 23.01.2017

Going to appeal (got 14 days), the decision made by UKBA totally non-sense decision. I found the solution too in Direct family member guideline for Home Office staff on this link.

https://www.gov.uk/government/publicati ... -nationals

I came to UK in June 2004, I fulfilled my 10 Year LR requirement too in 2014 but thought i should go for this route and keep the 10 Year LR route as a backup.

Lets see how it goes now ...

akhr90
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Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by akhr90 » Sun Jan 29, 2017 8:47 pm

I applied as FM.

The refusal reasons are all about dependency he is saying how come you are dependent when you are earning 35K and my dad is earning less.

https://www.gov.uk/government/publicati ... -nationals

Check page 12 on the above link will explain all. I am sure the senior will help me with this. I am doing my paper work (Appeal) by myself.

Obie
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Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by Obie » Sun Jan 29, 2017 9:02 pm

If you fail on the EEA, you are highly likely to fail on the Long residence, as the time under the regulation will only be considered under the Long Residence if they are convinced that you are genuinely dependent.
Smooth seas do not make skilful sailors

akhr90
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Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by akhr90 » Sun Jan 29, 2017 9:22 pm

Hi Obie

So you recommended i should appeal and at the same time or after a week apply for ILR (LR) as well?

Please advise.

Thanks.

Obie
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Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by Obie » Sun Jan 29, 2017 9:26 pm

Well I do not know. I am merely expressing a view based on the law.

If there assessment is correct on EEA, and if it is not successfully overturned, it will affect ILR long residence.
Smooth seas do not make skilful sailors

akhr90
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Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by akhr90 » Sun Jan 29, 2017 9:32 pm

Well in the refusal detail, they clearly mentioned 4 different route and also mentioned if you think that you can apply under different law please do so, we will consider your application under that category.

Obie
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Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by Obie » Sun Jan 29, 2017 9:36 pm

Well because they mention 4 routes does not mean you qualify under 4 route. They have standard refusal saying you can apply under private and family life or other residence card, but that statement does not equate to qualifications under those route.
Smooth seas do not make skilful sailors

akhr90
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Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by akhr90 » Sun Jan 29, 2017 9:50 pm

Do you think I can get an ILR under any route?

Please advise!

noajthan
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Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by noajthan » Sun Jan 29, 2017 10:01 pm

akhr90 wrote:I applied as FM.

The refusal reasons are all about dependency he is saying how come you are dependent when you are earning 35K and my dad is earning less.

https://www.gov.uk/government/publicati ... -nationals

Check page 12 on the above link will explain all. I am sure the senior will help me with this. I am doing my paper work (Appeal) by myself.
Very hard for sponsor to be shown to be responsible for even half of your essential daily needs if you are wirking and sponsor is retired.

Unclear why you did not apply under Regulation 5 which may have given you a fighting chance.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

akhr90
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Posts: 59
Joined: Sun Jun 05, 2016 4:18 pm

Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by akhr90 » Sun Jan 29, 2017 10:07 pm

@noajthan

Well because I applied for FP for my brothers in Pakistan so don't want to go for Reg 5.

Do you think if i appeal and after a week apply for ILR (LR) will it help to get ILR??

noajthan
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Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by noajthan » Sun Jan 29, 2017 10:17 pm

akhr90 wrote:@noajthan

Well because I applied for FP for my brothers in Pakistan so don't want to go for Reg 5.

Do you think if i appeal and after a week apply for ILR (LR) will it help to get ILR??
Who is intending to sponsor who?

You don't appear to have many options to entertain sponsoring anyone else until at least someone has become settled.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

akhr90
Junior Member
Posts: 59
Joined: Sun Jun 05, 2016 4:18 pm

Re: Req for EEA PR app. Non EEA (37 Y) + Dutch Dad (70 Y)

Post by akhr90 » Sun Jan 29, 2017 10:21 pm

My Dad who has got a PR he is a dutch citizen sponsored his real son my brother whose application is in process in Pakistan.

Please advise about my application do u think i got a chance to get ILR on LR category if i appeal and send the form next week?

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