EEA4 for Daughter after breakdown of family relations?

[craigjones07]

Hi there, I am looking for some advice on my girlfriend's application for Permanent Residency under EEA4.

She is 23, a Brazilian national who arrived in this country in April 2004 with her Brazilian mother and Portuguese step father. She received her family residence card in September of 2004 and it expires in Sept of this year.

The EU directives state that she is entitled to PR having resided in this country for a period of 5 years and she was preparing to submit an EEA4 application. However, some time ago her relationship with her step father (the EEA national) broke down completely. So much so that he is now refusing to provide the documentary evidence (passport, exercise of treaty rights etc.) that she requires for her application.

What are her options? She is in work and can demonstrate her self sufficiency.

Any advice that may be forthcoming would be very much appreciated.

[craigjones07]

Does anybody have any advice on this?

Our solicitor is investigating whether she can apply for PR in her own right as a person who has been working for 5 years.

Does anyone have any experience of this or know if it is even possible?

[Directive/2004/38/EC]

Have you looked through the casework instructions to see if they have rules for processing PRCs in the case of divorce or other relationship breakdown?

[Obie]

Hi there, I am looking for some advice on my girlfriend's application for Permanent Residency under EEA4.

She is 23, a Brazilian national who arrived in this country in April 2004 with her Brazilian mother and Portuguese step father. She received her family residence card in September of 2004 and it expires in Sept of this year.

The EU directives state that she is entitled to PR having resided in this country for a period of 5 years and she was preparing to submit an EEA4 application. However, some time ago her relationship with her step father (the EEA national) broke down completely. So much so that he is now refusing to provide the documentary evidence (passport, exercise of treaty rights etc.) that she requires for her application.

What are her options? She is in work and can demonstrate her self sufficiency.

Any advice that may be forthcoming would be very much appreciated.

If she can provide evidence that her step father was exercising treaty rights at least 3 years of the 5 years she has been living in the UK, she will most likely be fine.

I can't see a precedent in which they can deport her.

Does she not have any contacts with her mother, Or evidence she was living in the same household. Because she came in as a minor under EU law, i don't think her PR will be refused.

The directive has a section that says, so long as the beneficiary of the right of resident does not become an unreasonable burden to public fund, they should not face exclusion, except on ground of Public policy, Health or Security.

I wish you all the best.

[craigjones07]

Thanks very much for your helpful responses.

The casework instructions contain lots of useful info, however when most relationships end (divorce, leaves country, even death) there will be documentary evidence, but not in our case. As such, retention of the right of residence is not really applicable to her and the EEA4 application will be dependent on the supporting evidence from her father.

The casework instructions do not specify that his passport is required, but as Obie mentions, she needs evidence that he has been exercising his treaty right for the period of her stay, which he is still refusing to provide. Is there a way of legally petitioning a letter from his employer or even the Inland Revenue which would corroborate this?

Or as I mentioned in a previous post, is there a way she can apply in her own right without having to rely on her father?