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Permanent Residence?

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

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chillydo
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Joined: Fri Jul 30, 2010 2:23 pm

Permanent Residence?

Post by chillydo » Fri Jul 30, 2010 2:52 pm

Hello folks,
Regulation 8(4) A person satisfies the condition in this paragraph if the person is a relative of an EEA national and would meet the requirements in the immigration rules (other than those relating to entry clearance) for indefinite leave to enter or remain in the United Kingdom as a dependent relative of the EEA national were the EEA national a person present and settled in the United Kingdom.
The "relative of an EEA national" in the above regulation, does it include all of the folowing: Aunties, Brothers, Sisters, Cousins, Nephews, Nieces, Uncles, Grandparents?

The reason i'm asking is I came to the UK in January 2005 on a student visa and have been living with my uncle, an EEA national, supporting me with accommodation and other miscellaneous expenses but have never applied for the RC.

But since my visa is going to run out soon, do i qualify for PR based on this regulation since i have spent more than 5 years here in the UK? My uncle moved to the UK in November 2005 and therefore can get Five(5) P60's to support the application.

Can i apply for PR straightforward without RC first?
Does this particular "relative" as in the regulation also apply to cousins as he's got a cousin who would like to apply as well?

Any ideas? Thanks.

Plum70
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Joined: Thu May 22, 2008 12:07 pm

Post by Plum70 » Fri Jul 30, 2010 8:06 pm

Were you dependent on your uncle prior to either of you relocating to the UK?

chillydo
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Joined: Fri Jul 30, 2010 2:23 pm

Post by chillydo » Sat Jul 31, 2010 11:10 am

Yes, since '95 and i have loads of remittal receipts with the total amount running to about £8,000 (from '95 to '05) to prove it.

Am a bit confused here, couldn't dependent relatives of EEA national include Nephews, nieces and cousins? Paragraph 317 of HC 395 ( http://www.ukba.homeoffice.gov.uk/polic ... sandother/ ), which i believe is used to interprete/complement Regulation 8(4) seems not to support nephews, nieces and cousins, though it doesn't explicitly state its for dependent relatives of EEA nationals.

That paragraph 317 states its for 'dependent relatives of people present and settled in the UK'.

I know dendendent relatives of EEA nationals could include nephews and cousins so couldn't there be Error of Law if its used to interprete Regulation 8(4) and omit nephews, nieces and cousins?

chillydo
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Posts: 5
Joined: Fri Jul 30, 2010 2:23 pm

Post by chillydo » Mon Aug 02, 2010 5:45 pm

Any opinion(s)?

hinano
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Joined: Wed Dec 22, 2010 7:31 pm
Location: Kingston upon Thames
United States of America

Post by hinano » Wed Dec 22, 2010 7:40 pm

I'm in pretty much the same situation. I came to the United Kingdom on a Tier 4 student visa initially and now I hold a Tier 1 post-study work visa. I'm living with my uncle who is an Irish national and has been living in the UK for over 10 years. Would I possibly qualify for an EEA Family Permit as an extended family member since I am his dependent? Is there a certain amount of time that I would need to be his dependent before I apply? Thanks!

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