Applying for PR under Regulation 5

[secret.simon]

Your fiance could apply an extended family member of your EEA citizen father.

I apologise. I have made a mistake.

In order for your fiance to be an EFM, she should be dependant on your EEA citizen father outside the UK. As she is already in the UK, that is not an alternative for her.

I was dependant on my EEA Herman step mother from 2005 but she moved back to Germany in 2007 or so I think can’t remember so when we applied for PR we were refused BUT on appeal granted RC for another 5years

Would you have a link to the judgment or can you repost the judgment of the appeal here, for us to understand what was the basis of the RC being issued to you if your German sponsor step-mother had left the UK?

For you to have either an RC or PR with your German father sponsoring you, you will need to demonstrate that you were dependent on him. You will need a papertrail to prove that you were living with him and that he was paying for your expenses. Your using a friend's address will likely not help matters.

I used my friend address for all my letters all this while due to me not being around.

When you say that you were "not being around", where were you? Were you in the UK or were you abroad? Have you had any absence from the UK of more than six months?

[axeman85]

Your fiance could apply an extended family member of your EEA citizen father.

I apologise. I have made a mistake.

In order for your fiance to be an EFM, she should be dependant on your EEA citizen father outside the UK. As she is already in the UK, that is not an alternative for her.

But she could apply based on the child as the mother ?

I was dependant on my EEA Herman step mother from 2005 but she moved back to Germany in 2007 or so I think can’t remember so when we applied for PR we were refused BUT on appeal granted RC for another 5years

Would you have a link to the judgment or can you repost the judgment of the appeal here, for us to understand what was the basis of the RC being issued to you if your German sponsor step-mother had left the UK?

They said she wasn’t exercising treaty rights residing in the uk which she wasn’t really as she doesn’t speak a word of English

For you to have either an RC or PR with your German father sponsoring you, you will need to demonstrate that you were dependent on him. You will need a papertrail to prove that you were living with him and that he was paying for your expenses. Your using a friend's address will likely not help matters.

He pays all the bills as it’s his house and he can’t provide all the utilities showing in his name . The only things I have is letters from home office and NHS carrying the same address from 2013

I used my friend address for all my letters all this while due to me not being around.

When you say that you were "not being around", where were you? Were you in the UK or were you abroad? Have you had any absence from the UK of more than six months?

I was abroad in africa but never away for more than 6months in a row

[Obie]

I am not sure how the child qualifies for PR, given that it is not yet born.

My dad is a pensioner who has ceased activity

5.—(1) In these Regulations, “worker or self-employed person who has ceased activity” means an EEA national who satisfies a condition in paragraph (2), (3), (4) or (5).
(2) The condition in this paragraph is that the person—

(a)terminates activity as a worker or self-employed person and—
(i)had reached the age of entitlement to a state pension on terminating that activity; or
(ii)in the case of a worker, ceases working to take early retirement;
(b)pursued activity as a worker or self-employed person in the United Kingdom for at least 12 months prior to the termination; and
(c)resided in the United Kingdom continuously for more than three years prior to the termination

See Regulation 15(1)(d).

Regulation 15(1)(d)(i) is clearly inconsistent with the law. The requirements imposed was never previously there, and its insertion is clearly unlawful.

A person is entitled to rely directly on Article 17(3) of Directive 2004/38 E, as regulation 15(1)(d) (i) failed to lawfully transpose that provision.

Needless to say, i was referring to the born and not the unborn child, as clearly and unborn child will not have a right of residence.

[axeman85]

I am not sure how the child qualifies for PR, given that it is not yet born.

My dad is a pensioner who has ceased activity

5.—(1) In these Regulations, “worker or self-employed person who has ceased activity” means an EEA national who satisfies a condition in paragraph (2), (3), (4) or (5).
(2) The condition in this paragraph is that the person—

(a)terminates activity as a worker or self-employed person and—
(i)had reached the age of entitlement to a state pension on terminating that activity; or
(ii)in the case of a worker, ceases working to take early retirement;
(b)pursued activity as a worker or self-employed person in the United Kingdom for at least 12 months prior to the termination; and
(c)resided in the United Kingdom continuously for more than three years prior to the termination

See Regulation 15(1)(d).

Regulation 15(1)(d)(i) is clearly inconsistent with the law. The requirements imposed was never previously there, and its insertion is clearly unlawful.

A person is entitled to rely directly on Article 17(3) of Directive 2004/38 E, as regulation 15(1)(d) (i) failed to lawfully transpose that provision.

Needless to say, i was referring to the born and not the unborn child, as clearly and unborn child will not have a right of residence.

So are you saying the unborn grandchild doesn’t qualify because my dad who is the EEA National is a pensioner / ceased activity ?

[axeman85]

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