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WILL THIS NOT HAVE AN IMPACT?

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

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JAMES2000
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WILL THIS NOT HAVE AN IMPACT?

Post by JAMES2000 » Sun Nov 24, 2019 6:35 pm

My daughter( 19 years old) who attends three days in college recently got a job in September, she work between 30 to 40 hours a week.
she is due to make an application for EEA PR by October 2020, my growing concern is will this job she does and full time in education not affect her application for PR ?

Reference to the PR form Section 12.4 Are you currently working in the UK? If yes give name of the employer , hours and earning before Tax,
Section 12.5 Are you currently in education ? If yes give name of the school ,course start and end date.

I am afraid as a dependant under 21 years if this 3 days in education a week which is full time and working 36 hours in weekend also full time job have an impact to her PR application.

Though she is allowed to work, how many hours of work as a dependant under 21 is allow for a full time student?

Should I ask her to stop the job?

JAMES2000
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Posts: 40
Joined: Sun Feb 23, 2014 12:40 am

Re: WILL THIS NOT HAVE AN IMPACT?

Post by JAMES2000 » Sun Nov 24, 2019 11:58 pm

Any response from the moderators?

Thanks in advance.

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Casa
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Re: WILL THIS NOT HAVE AN IMPACT?

Post by Casa » Mon Nov 25, 2019 12:07 am

Working hours are only limited for holders of Tier 4 student visa.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

amaherchandani
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Re: WILL THIS NOT HAVE AN IMPACT?

Post by amaherchandani » Mon Nov 25, 2019 12:41 am

JAMES2000 wrote:
Sun Nov 24, 2019 6:35 pm
My daughter( 19 years old) who attends three days in college recently got a job in September, she work between 30 to 40 hours a week.
she is due to make an application for EEA PR by October 2020, my growing concern is will this job she does and full time in education not affect her application for PR ?

Reference to the PR form Section 12.4 Are you currently working in the UK? If yes give name of the employer , hours and earning before Tax,
Section 12.5 Are you currently in education ? If yes give name of the school ,course start and end date.

I am afraid as a dependant under 21 years if this 3 days in education a week which is full time and working 36 hours in weekend also full time job have an impact to her PR application.

Though she is allowed to work, how many hours of work as a dependant under 21 is allow for a full time student?

Should I ask her to stop the job?
It depends what permit is she on? If on tier 4 , it is 20 hours in term time and full time in the holidays.

She should be paying tax of what she is earning.

JAMES2000
Newbie
Posts: 40
Joined: Sun Feb 23, 2014 12:40 am

Re: WILL THIS NOT HAVE AN IMPACT?

Post by JAMES2000 » Mon Nov 25, 2019 12:43 am

That means she can continue both, what a great relieve.
Thanks Casa for your useful response.

JAMES2000
Newbie
Posts: 40
Joined: Sun Feb 23, 2014 12:40 am

Re: WILL THIS NOT HAVE AN IMPACT?

Post by JAMES2000 » Mon Nov 25, 2019 1:00 am

Thanks amaherchandani for your response, she hold an EEA residence card as family member of an EU as I exercised EU treaty right (SURINDER SINGH)

obormot
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Location: Glasgow
France

Re: WILL THIS NOT HAVE AN IMPACT?

Post by obormot » Mon Nov 25, 2019 5:22 pm

She us allowed to work. But she herself is not a European citizen, right?
When she applies for PR, since she is above 18, she will have to demonstrate that she is EITHER dependent on you OR a member of your household.
Thus, if she lives with you, there will be no problem.
The issue might be if she does not live with you, and earns enough money by herself (since then she is no longer dependant).
I would be careful doing application.
Can she just apply for pre-settled and settled status instead?
It seems to me it is easier.. Though I am not sure about Surinder Singh cases.

Obie
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Re: WILL THIS NOT HAVE AN IMPACT?

Post by Obie » Mon Nov 25, 2019 5:45 pm

Under EU law, a person under 21 does not have to be dependent to qualify for residence rights.
Smooth seas do not make skilful sailors

obormot
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Location: Glasgow
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Re: WILL THIS NOT HAVE AN IMPACT?

Post by obormot » Mon Nov 25, 2019 11:32 pm

My bad. Indeed, it is 21, not 18.

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