ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Applying for PR under Regulation 5

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

axeman85
Member
Posts: 139
Joined: Sat Oct 05, 2013 5:14 pm
Ghana

Applying for PR under Regulation 5

Post by axeman85 » Mon Jun 06, 2016 11:08 pm

Thanks everybody for the help and assistance received on here.
This site has helped so much in previous posts. Thanks to noajthan, obie .etc.

My EEA national (Dad) has been in the UK since year 2001/2002
He acquired his EU passport 2012. Been living in the UK as spouse of EU national his wife since 2001 till 2012.

He has lived and worked in the UK from arrival from Germany in 2001 till Dec 2014 when he retired. Currently on pension credit and pension.

I came to the UK as dependant of EEA family member ( step mum) in 2005.
Had me Alevels,degree here in the UK at age 18.when I came

Been issued several RC since 2005 till date, last one being 2014 for another 5years because my initial EEA sponsor (step mum) no longer exercising treaty rights. So now dependant on Dad who is now EU citizen since 2012 with EU passport (German)

EU national (Dad) has ceased activity since 2014 and current RC expires in 2018, can I apply for PR and he also applying for PR same time ?

Want to send application this week.

Kindly advise guys.

Thanks

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: APPLYING FOR PR UNDER REGULATION 5

Post by noajthan » Mon Jun 06, 2016 11:35 pm

axeman85 wrote:Thanks everybody for the help and assistance received on here.
This site has helped so much in previous posts. Thanks to noathjoan,obie .etc.

My EEA national (Dad) has been in the UK since year 2001/2002
He acquired his EU passport 2012. Been living in the UK as spouse of EU national his wife since 2001 till 2012.

He has lived and worked in the UK from arrival from Germany in 2001 till Dec 2014 when he retired. Currently on pension credit and pension.

I came to the UK as dependant of EEA family member ( step mum) in 2005.
Had me Alevels,degree here in the UK at age 18.when I came

Been issued several RC since 2005 till date, last one being 2014 for another 5years because my initial EEA sponsor (step mum) no longer exercising treaty rights. So now dependant on Dad who is now EU citizen since 2012 with EU passport (German)

EU national (Dad) has ceased activity since 2014 and current RC expires in 2018, can I apply for PR and he also applying for PR same time ?

Want to send application this week.

Kindly advise guys.

Thanks
Can you add timelines of father and step-mom.

Father may have acquired PR via his sponsor/spouse sometime after 2001 if step-mom was exercising treaty rights.
My understanding is Lassal (C-162/09) permits time accrued, as per EU law on free movement, prior to 2006 to be treated as contributing to acquisition of PR.

You may have acquired PR via step-mom as sponsor whilst a child in education.
What was mom doing from 2005 - 2010?
Or as you mention step-mom stopped activity do you know that wasn't possible?
When did mom stop exercising treaty rights?

Did you then transfer to being dependent of father? when exactly - 2012?
Was there a gap between your sponsors?

How old are you, 30? (over 21 at least?).
If over 21, how old now and what year were you 21?

How are you now dependent (and how were you previously) dependent on your sponsors (since age 21)?
Have they been providing essential needs?
What sort of % of such needs?

What have you been doing in UK?
Do you have a spouse/children?

Has anyone of you enjoyed prolonged absences from UK since arriving in UK? if so, who, how long for & when?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Applying for PR under Regulation 5

Post by noajthan » Mon Jun 06, 2016 11:58 pm

In previous, similar topic you seem to mention father was in UK since 1999;
&
father retired 2013.

http://www.immigrationboards.com/eea-ro ... l#p1236990

Which are the correct dates?

You also mentioned plans to work (in that topic); are you working now?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

axeman85
Member
Posts: 139
Joined: Sat Oct 05, 2013 5:14 pm
Ghana

Re: Applying for PR under Regulation 5

Post by axeman85 » Tue Jun 07, 2016 2:10 am

Father has lived previously in EU country (Germany) for over 15years. Moved to the uk around 1999/2000 had valid RC with 2years left to expire.

I moved to the uk in 2005 with 2years FP at expiration was given another 1year and around 2009/2010 step mum moved back to Germany after we including dad issued 5years RC.

From 2005-2010 step mum was living and working in the UK. But was only on partime basis as dad was working full time

Step mum Stopped exercising treaty rights in late 2010

I and dad was issued RC in 2010 for 5years and shortly after that, step mum moved back to Germany.

RC expired in 2013 and dad had already acquired his German passport in 2012 already.

I am 29 years old. Was 21 in 2009

Dependant now on dad since 2013 prior to that was step mum as was in full time education from 2005 till 2010.

Dependant Since 21 till date.

Living with dad throughout since 2005 together. I don't even have any bills in my name m, all his.

I have been in full time education from 2005 till 2010 then working part time as well . In 2011 was involved in a car accident which meant I could not work at all for over 1year so dependant on dad and sibling throughout period.

No spouse, no children

No prolonged absence at all.

Yes I am working now since September 2015. But wasn't doing anything significant from 2011 to 2015 due to my accident

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Applying for PR under Regulation 5

Post by noajthan » Tue Jun 07, 2016 8:07 am

axeman85 wrote:Father has lived previously in EU country (Germany) for over 15years. Moved to the uk around 1999/2000 had valid RC with 2years left to expire.

I moved to the uk in 2005 with 2years FP at expiration was given another 1year and around 2009/2010 step mum moved back to Germany after we including dad issued 5years RC.

From 2005-2010 step mum was living and working in the UK. But was only on partime basis as dad was working full time

Step mum Stopped exercising treaty rights in late 2010

...

RC expired in 2013 and dad had already acquired his German passport in 2012 already.

I am 29 years old. Was 21 in 2009

Dependant now on dad since 2013 prior to that was step mum as was in full time education from 2005 till 2010.

Dependant Since 21 till date.

Living with dad throughout since 2005 together. I don't even have any bills in my name m, all his.

...

Yes I am working now since September 2015. But wasn't doing anything significant from 2011 to 2015 due to my accident
What was your father's wife (your step-mum) doing in UK from say 1999 or 2001 onwards? Was she there with her husband in UK?
Was she exercising what could be seen as 'treaty rights' in any period in UK up to or after 2006?
Say from 2001 - 2006?
Or from 2005 - 2010?

If so father may have acquired PR already (with his wife as EEA sponsor) during some earlier qualifying 5 year period.
Have you looked into that?
Have you got documentary supporting evidence?

You mention mother working part-time in UK from 2005 - 2010.
But moved back to Germany in 2009. How long for? Was that temporary? less than 6 months? with a brief return in 2010?

Have you explored whether you have acquired PR via step-mother/sponsor (from 2005 - 2010)?
Is that a period that previously failed for a sister's EU-related application? (or was that due to another time period?)

From 2009 (age 21) to 2010 how were you dependent on step-mother as your sponsor?
Was it financial dependency and do you have supporting evidence?

It seems you had no sponsor from 2010 to 2012 (when step-mum returned to Germany).
Is that when the part-time work started?
Was it genuine and effective work? (with supporting evidence?)

So father became a Union citizen (German) in 2012 and you his dependent in 2013.
Again do you have the supporting evidence of this financial dependency?

If father retired in 2013 (at retirement age) did he have a full year of work as an EEA national in UK before retiring?
He clearly lived in UK at least 3 years before retiring - but not as an EEA national.
Not sure if that is a problem.

:!: Elsewhere you mention father retired in 2014. Was it 2013 or 2014?

If father really has not acquired PR previously then Reg 5 may work for him now.
:!: The question is around his 3 years prior residency in UK. Does being non-EEA for part of that time matter?

For you, if you only became father's dependent as a direct family member (financial dependent) in 2013 do you qualify under Reg 5 with sponsor retiring in same year (2013)?
Again if sponsor/father qualifies with his residency. Not sure.

You have clearly been a member of father's household for much longer; certainly since 2012 when father became a Union citizen.
But that would make you an extended family member of your sponsor.
Not sure if Reg 5 can apply to an EFM :?:

Takeaway and next steps:
1) Clarify year of father's retirement: 2013 or 2014.

2) Research needed to see if father acquired PR (ages ago) with EEA wife as sponsor.
OR
3) To find out if Reg 5 applies to father based on father's residency in UK as a non-EEA as well as EEA national up to 2013 (/2014).

4) Did you acquire PR via step-mum/sponsor (2005-2010)?
OR
5) Can you acquire PR via father based on Reg 5 (if Reg 5 applies for father).
:arrow: Depends on precise timings in 2013 (/ 2014).
May be helped by your previous part-time work if that can bolt on to the qualifying period.

6) Do you have all necessary documentary supporting evidence for some/all of the above scenarios :?:
All that is gold does not glitter; Not all those who wander are lost. E&OE.

axeman85
Member
Posts: 139
Joined: Sat Oct 05, 2013 5:14 pm
Ghana

Re: Applying for PR under Regulation 5

Post by axeman85 » Tue Jun 07, 2016 10:36 am

Father worked until May 2014

Father came to uk in May 2001

Step mum was with dad from 2001 when they moved to uk.

Just confirmed from dad now, step mum moved back in 2011

Step mum was working part time so yes exercising treaty rights till 2008

I have always been a full time student with part time work from day 1 until 2011 when I stopped working due to an accident .

My dad and step mum always lived together with myself and I wasn't paying for rent or any bills. Except personal stuffs like clothes and shoes .

He gives me cash most times except few times when he did transfer.

He will clock 5years on the 11th of this month of being a German citizen in the uk worked from 2012 till 2014 when he retired.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Applying for PR under Regulation 5

Post by noajthan » Tue Jun 07, 2016 11:29 am

axeman85 wrote:Father worked until May 2014

Father came to uk in May 2001

Step mum was with dad from 2001 when they moved to uk.

Just confirmed from dad now, step mum moved back in 2011

Step mum was working part time so yes exercising treaty rights till 2008

I have always been a full time student with part time work from day 1 until 2011 when I stopped working due to an accident .

My dad and step mum always lived together with myself and I wasn't paying for rent or any bills. Except personal stuffs like clothes and shoes .

He gives me cash most times except few times when he did transfer.

He will clock 5years on the 11th of this month of being a German citizen in the uk worked from 2012 till 2014 when he retired.
Based on above additional details...

Father may have acquired PR with his wife as EEA sponsor sometime between 2001 (when he arrived in UK with wife) & 2008 (when wife stopped exercising treaty rights).
Does father have appropriate documentation from this time?

If step-mother stopped exercising treaty rights in 2008 then you cannot have acquired PR via her from 2005-2010;
(evidently her status changed sometime after you successfully had a RC issued to you).

If father retired in 2014 then he was working as an EEA national for just 2 years from 2012.
That satisfies the '1 year of work before retiring' clause for Regulation 5.

I don't know if the 'residing in UK for 3 years before retiring' clause can be triggered because for one of those years he was not an EEA national.
It seems doubtful. But see below.

It appears father has been your sponsor since 2012 until he retired in 2014.
If Regulation 5 applies to father/sponsor the question is does it apply to you too and can you have acquired PR on basis if those 2 years.
So do you have adequate documentary evidence of support from father (from 2012)?

:!: If you only have evidence of membership of father/sponsor's household you may be treated as an EFM (not a direct FM).
I do not know if Regulation 5 can be invoked by an EFM dependent.

:!: The following is confusing as it suggests father became German citizen in 2011:
He will clock 5years on the 11th of this month of being a German citizen in the uk
Earlier you seem to state father became a German citizen in 2012.
dad had already acquired his German passport in 2012
Was it in 2011 or 2012 :?:

It's important to be clear on that detail.
:idea: If it was 2011 then the 3 years residence clause for Regulation 5 may have been satisfied after all.

http://www.eearegulations.co.uk/Latest/ByPage/part1_5
Worker or self-employed person who has ceased activity

5. (1) In these Regulations, “worker or self-employed person who has ceased activitymeans an EEA national who satisfies the conditions in paragraph (2), (3), (4) or (5)
(c)resided in the United Kingdom continuously for more than three years prior to the termination
Finally, if Regulation 5 does not work out but it turns out that father did acquire PR earlier (via EEA wife) then all is not lost.

Assuming you have been and remain his dependent (since 2012) you could acquire PR by 2017.
This is because, with PR status confirmed, father wouldn't need to exercise treaty rights any more (so the fact that he's now retired would not matter).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

axeman85
Member
Posts: 139
Joined: Sat Oct 05, 2013 5:14 pm
Ghana

Re: Applying for PR under Regulation 5

Post by axeman85 » Tue Jun 07, 2016 3:37 pm

Yes father has appropriate documentations, step mums pay slip for period.

She was exercising treaty rights till 2011 when she moved back.

Am sure when he provides statements for bills being paid and as I said earlier , he gives me cash cos I didn't even have a bank account till 2015 because I wasn't working and didn't need to.

So does that mean I have to wait till 2017 before applying ?

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Applying for PR under Regulation 5

Post by noajthan » Tue Jun 07, 2016 4:02 pm

axeman85 wrote:Yes father has appropriate documentations, step mums pay slip for period.

She was exercising treaty rights till 2011 when she moved back.

Am sure when he provides statements for bills being paid and as I said earlier , he gives me cash cos I didn't even have a bank account till 2015 because I wasn't working and didn't need to.

So does that mean I have to wait till 2017 before applying ?
This means father may have the option of applying for confirmation of his PR for a suitable 5-year qualifying period at sometime up to 2011. Say 2006-2011.
(Or maybe 2003 - 2008).

But previously you said:
Step mum was working part time so yes exercising treaty rights till 2008
If she was exercising treaty rights up to 2011 then you may have acquired PR too: from 2005 - 2010.
Or 2006-2011

Just to be clear, treaty rights doesn't just mean 'being in UK', it means an EEA national who is a qualified person.
Someone who is one of: working, self-employed, student, jobseeker or self-sufficient.

If you are sure step-mother was still working (including from 2008 through to 2011) then she could be your sponsor too.
That is assuming you were financially dependent on her for the relevant year(s) from age 21.

The other option for father is to acquire PR via Regulation 5.
But it seems that is only possible if he was an EEA national for 3 years before retiring.

Can you clarify when father obtained German citizenship? and when he acquired German passport :?:
:arrow: Was it 2011 or 2012 :?:

If it was back in 2011 then Regulation 5 is back on the table.

If father applies on basis of Regulation 5 he could include you in the application too, for the period 2011 - 2014.
That is assuming you are still considered by HO to be a direct family member and can demonstrate the financial dependency.
In that way you would get a shot at confirmation of PR before 2017.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

axeman85
Member
Posts: 139
Joined: Sat Oct 05, 2013 5:14 pm
Ghana

Re: Applying for PR under Regulation 5

Post by axeman85 » Tue Jun 07, 2016 4:17 pm

Yes father has appropriate documentations, step mums pay slip for period.

She was exercising treaty rights till 2011 when she moved back.

Am sure when he provides statements for bills being paid and as I said earlier , he gives me cash cos I didn't even have a bank account till 2015 because I wasn't working and didn't need to.

So does that mean I have to wait till 2017 before applying ?

He acquired German passport in 2011 .

Sorry for the mistake

Thanks

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Applying for PR under Regulation 5

Post by noajthan » Tue Jun 07, 2016 4:32 pm

axeman85 wrote:Yes father has appropriate documentations, step mums pay slip for period.

She was exercising treaty rights till 2011 when she moved back.

Am sure when he provides statements for bills being paid and as I said earlier , he gives me cash cos I didn't even have a bank account till 2015 because I wasn't working and didn't need to.

So does that mean I have to wait till 2017 before applying ?

He acquired German passport in 2011 .

Sorry for the mistake

Thanks
Option 1
So with EEA step-mother exercising rights to 2011 both you and your father may have acquired PR via your EEA sponsor at some time up to 2010 or 2011.

Suggest, for you: 2005-2010 (as you arrived in UK in 2005).

:idea: The advantage of choosing this period is there is a shorter time for which to prove financial dependency on your sponsor.
(Approx one year, from age 21 in 2009).

For your father say: 2003-2008 or 2005-2010 or even 2006-2011
- just depending on the best years for the supporting documentary evidence.

:idea: If you both choose the same period the paperwork would be simpler.

Option 2
With father becoming an EEA national himself in 2011 (and retiring in 2014) he may have just managed to reside in UK as an EEA national for 3 years.
:arrow: It's important to satisfy Regulation 5; suggest check the dates/months to be sure.

(Father also worked in UK for the 12 months immediately before retiring so again Regulation 5 is satisfied).

Looks like your father could have acquired PR via Regulation 5.
So, as his direct family member dependent (and assuming you have rock-solid supporting documentary evidence), you could have too.

(This also assumes HO treats you as a direct FM and not as an EFM member of household).

With this option you will have to show 5 years financial dependency.
From your post last year;
After my RC expired in 2013 , we applied for another RC and was issued in Nov 2013 for another 5years.
If that RC was issued with your father as sponsor it will help as it shows HO have previously accepted your dependency on father.

Takeaway:
You know your own situation best of all and can make a call for which option to shoot for.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Applying for PR under Regulation 5

Post by noajthan » Tue Jun 07, 2016 4:40 pm

From your previous post on this matter (back in 2015), am just wondering:
what was the period for which EEA step-mother was not able to show she was exercising treaty rights :?:

http://www.immigrationboards.com/eea-ro ... l#p1236334
My sister applied for BC last year but was refused in July this year based on the fact that under the qualifying 5year period she did not provide the EEA national proof of exercising treaty rights which was my stepmum
All that is gold does not glitter; Not all those who wander are lost. E&OE.

axeman85
Member
Posts: 139
Joined: Sat Oct 05, 2013 5:14 pm
Ghana

Re: Applying for PR under Regulation 5

Post by axeman85 » Tue Jun 07, 2016 8:49 pm

Thanks very much for your help.

Checked dads passport today. 5years 20th June he got it 20 June 2011.

My sister applied BC they asked for evidence of continuos 5uears . They didn't submit it they submitted my dads instead because they were of the view that it has to be 5years till date.

They didn't know they could do 5years from 2005 till 2010.

Hence the refusal

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Applying for PR under Regulation 5

Post by noajthan » Tue Jun 07, 2016 9:39 pm

axeman85 wrote:Thanks very much for your help.

Checked dads passport today. 5years 20th June he got it 20 June 2011.

My sister applied BC they asked for evidence of continuos 5uears . They didn't submit it they submitted my dads instead because they were of the view that it has to be 5years till date.

They didn't know they could do 5years from 2005 till 2010.

Hence the refusal
Yes, it sounds like sister slipped up with her application.
The devil is always in the detail.
It certainly pays to dig deep and get all ducks in a row before applying,

If father got the German passport in June 2011 then he may well have been naturalised as a German citizen some short time before then.
So if he retired in (or later than) June 2014 then he must have resided in UK for 3 years or more as an EEA national.
And that meets (part of) what Regulation 5 requires.

:arrow: Crosscheck father's exact retirement date :!:

As long as you are also confident on the evidence of your dependency then you are close to ready to go.

Next steps
:idea: Suggest pull all evidence together and have a draft-run at completing the form.

:arrow: Suggest printing off two copies - fill in one form as per Option 1 (2005-2010);
Fill in the second form for Option 2 (2011-2014).

See how the two of them shape up - and which one stands up the best.
Good luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

axeman85
Member
Posts: 139
Joined: Sat Oct 05, 2013 5:14 pm
Ghana

Re: Applying for PR under Regulation 5

Post by axeman85 » Wed Jul 12, 2017 3:20 am

Finally got a reply from HO. My dad was granted with am date of August 2016 as when he acquired PR however I was refused .

Reasons :

I have not shown enough evidence of dependency
I have not shown continuous 5years in the UK from 2011

I was allowed to appeal :

I have appealed and sent some more documents I got hmrc which has som activities on my NI for those period and also letters I could find.

In 2011 till 2012 I wasn't working tho due to an accident which resulted in the breakage of my right hand.

Also during this period , I closed my bank account and started using a friends address to receive letters.

What are my chances of appeal being granted because I write a letter to state all this, and my dad too wrote a letter to say he pays the bills with proof and that he also supports me.

If the appeal doesn't go through what are my other options ? Am 30yrs old thinking of moving to my own house and settling down and my current RC expires in September 2018

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Applying for PR under Regulation 5

Post by Obie » Wed Jul 12, 2017 8:16 pm

How old were you in 2014 when your father ceased activity?
Smooth seas do not make skilful sailors

axeman85
Member
Posts: 139
Joined: Sat Oct 05, 2013 5:14 pm
Ghana

Re: Applying for PR under Regulation 5

Post by axeman85 » Wed Jul 12, 2017 8:54 pm

Obie wrote:How old were you in 2014 when your father ceased activity?
I was 27

axeman85
Member
Posts: 139
Joined: Sat Oct 05, 2013 5:14 pm
Ghana

Re: Applying for PR under Regulation 5

Post by axeman85 » Thu Jul 13, 2017 6:41 am

Still waiting for the gurus here pls

axeman85
Member
Posts: 139
Joined: Sat Oct 05, 2013 5:14 pm
Ghana

Re: Applying for PR under Regulation 5

Post by axeman85 » Mon Jul 24, 2017 7:26 am

Hello obie, secret Simon . Still waiting for replies please

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Applying for PR under Regulation 5

Post by Obie » Mon Jul 24, 2017 8:28 am

If you were dependent on your father at the time he ceased activity, then you will qualify under regulation 15 (1)(d).
Smooth seas do not make skilful sailors

axeman85
Member
Posts: 139
Joined: Sat Oct 05, 2013 5:14 pm
Ghana

Re: Applying for PR under Regulation 5

Post by axeman85 » Tue Feb 27, 2018 9:39 pm

Gurus in the house still waiting for replies please.

My dad was granted PR dated from 2011 - 2016 as qualifying period BUT I was refused because I didn’t send enough proof of dependency or show I was resident in the country.

My dad is a pensioner who has ceased activity

Can I shoot for PR again since my dad now has his own ?

Also my fiancée is pregnant and on tier 4 how can she also benefit from all this as she is still legal till jan 2019

Please obie, secretsimon and noatjohn. Helpppoopooooop

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Applying for PR under Regulation 5

Post by Obie » Tue Feb 27, 2018 10:40 pm

Without dependency, no qualification. Child may qualify for PR, and mum may qualify under parent route, but will be unable to rely on EX(1). She may meet parent route.
Smooth seas do not make skilful sailors

axeman85
Member
Posts: 139
Joined: Sat Oct 05, 2013 5:14 pm
Ghana

Re: Applying for PR under Regulation 5

Post by axeman85 » Tue Feb 27, 2018 10:50 pm

Obie wrote:
Tue Feb 27, 2018 10:40 pm
Without dependency, no qualification. Child may qualify for PR, and mum may qualify under parent route, but will be unable to rely on EX(1). She may meet parent route.
Sorry to bother you but when you say without depend cy are you referring to me or my fiancee

And will my child qualify under my father as his grandchild ?

What do you mean by Ex(1)

Thanks

secret.simon
Moderator
Posts: 10975
Joined: Thu Feb 21, 2013 9:29 pm

Re: Applying for PR under Regulation 5

Post by secret.simon » Wed Feb 28, 2018 4:22 am

Let us rewind a little bit.

You arrived in the UK in 2005, at the age of 18. Therefore in 2008, you would have reached 21. Do you have proof of being dependent on your step-mother (who was your EEA sponsor at the time) between 2008 to 2010? Also, do you also have proof of her having exercised treaty rights between 2005 & 2010?

As regards your prospective child, s/he will be a family member under the age of 21 of your German citizen father and therefore have the right to reside in the UK. I am not sure how the child qualifies for PR, given that it is not yet born. It should acquire PR on its fifth birthday, assuming that the German grandfather remains resident in the UK for those five years.

Your fiance could apply an extended family member of your EEA citizen father. That would lead to PR in five years, assuming that your father does not leave the UK.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

axeman85
Member
Posts: 139
Joined: Sat Oct 05, 2013 5:14 pm
Ghana

Re: Applying for PR under Regulation 5

Post by axeman85 » Wed Feb 28, 2018 7:33 am

@secretsimon

Thanks very much for the clarity.

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

Fast forward I was in full time education from 2005 till 2010 when I graduated. I moved abroad in 2011 January to work but was always coming back into the Uk every six months

In 2013 or so I applied for another 5yrs Rc which expires November 2018 which was approved and received within 1month of application.

I came back fully again in 2015 living with my dad who pays the bills and all in his name . I used my friend address for all my letters all this while due to me not being around.

During 2008/2009 dad was self employed but didn’t do the necessary paper work so it was classed as a breakage in his timeline.

So because I wasn’t able to prove that I was resident in the uk between 2011 and 2013 (didn’t have any documents because I wasn’t working or nothing) and prove dependency on my father I was refused PR. He pays the bills, etc

He now has PR with qualifying dates from 2011 to 2016 so am thinking can I shoot for PR again with detailed letter saying he pays the bills et al. Or just apply for another RC again ?


Thanks for the explaining on my expectant child and wife.👍🏾👍🏾
And yes my father is not going anywhere soon!😀😀

Locked
cron