PR as family member *HELP*

Hi guys! Hope everyone is well.

I've been lurking around, reading up on the tons of information provided, but I'm actually a bit stuck now and unclear about something. Hope you could help!

Long story short, I've lived in the UK for almost 12 years now (I arrived with my family when I was 12) and like many EU nationals, my family never saw the need for spending money and applying for PR and eventual citizenship. Anyhow, I'm now interested in applying for citizenship and have been granted the indefinite leave to remain under the EU settled scheme, but I must now wait an year before applying for the citizenship and this is where the issue arises. I will be moving to the States for an year in the summer to do an internship as part of my degree, which means that I will have to wait another at least 9 months after I come back to apply for the citizenship (because I need to have been in the country for at least 9 months in the previous 12 before applying?).

I am thus considering applying for the EEU permanent residence certificate through a family member (my mum), based on her exercising treaty rights, and obviously applying for citizenship straight away. My question is - because I'm 23 years old now, would it be possible for me to submit a joint application with my mum so we could both get the EEU PR? I'm very confused as I read that the family member needs to be a dependent under the age of 21 and obviously don't want to keep delaying my citizenship application and have to wait almost another 2 years for it

Thanks in advance!
-Christian

Carbon-12 wrote: ↑

Wed Feb 13, 2019 9:55 am

I need to have been in the country for at least 9 months in the previous 12 before applying?.

Correct.
https://www.gov.uk/apply-citizenship-in ... -to-remain

Residency requirements

You should have lived in the UK for at least 5 years before the date of your application.

You cannot include any time spent in the UK when you’re exempt from immigration control (for example, as a diplomat or member of visiting armed forces).

You should also not have:

spent more than 450 days outside the UK during those 5 years
spent more than 90 days outside the UK in the last 12 months
broken any UK immigration laws (for example living illegally in the UK)

Now,

I am thus considering applying for the EEU permanent residence certificate through a family member (my mum), based on her exercising treaty rights, and obviously applying for citizenship straight away. My question is - because I'm 23 years old now, would it be possible for me to submit a joint application with my mum so we could both get the EEU PR? I'm very confused as I read that the family member needs to be a dependent under the age of 21 and obviously don't want to keep delaying my citizenship application and have to wait almost another 2 years for it

Are you a EU national yourself? If so, if you have been a student for the last 5 years you have been exercising treaty rights yourself. No need to do this through your mom.

kamoe wrote: ↑

Wed Feb 13, 2019 11:29 am

Now,

I am thus considering applying for the EEU permanent residence certificate through a family member (my mum), based on her exercising treaty rights, and obviously applying for citizenship straight away. My question is - because I'm 23 years old now, would it be possible for me to submit a joint application with my mum so we could both get the EEU PR? I'm very confused as I read that the family member needs to be a dependent under the age of 21 and obviously don't want to keep delaying my citizenship application and have to wait almost another 2 years for it

Are you a EU national yourself? If so, if you have been a student for the last 5 years you have been exercising treaty rights yourself. No need to do this through your mom.

Actually, I just realized that for the above, you need to have had Comprehensive Sickness Insurance throughout. is this he case? (which is probably why you applied for Settled Status in the first place...)

BUT good news is, at least as far as I understand:

Carbon-12 wrote: ↑

Wed Feb 13, 2019 9:55 am

I am thus considering applying for the EEU permanent residence certificate through a family member (my mum), based on her exercising treaty rights, and obviously applying for citizenship straight away. My question is - because I'm 23 years old now, would it be possible for me to submit a joint application with my mum so we could both get the EEU PR? I'm very confused as I read that the family member needs to be a dependent under the age of 21 and obviously don't want to keep delaying my citizenship application and have to wait almost another 2 years for it

I understand you can count any 5-year qualifying period, that is, you can count any 5-year in which you were under 21 and throughout which your mother was in employment, say the years in which you wre between 15 and 20. In this sense... I think... you could apply now, even if you are now 23, because whenever you completed a 5-year period you acquired the right of permanent residence.

Again, this is my only my humble understanding, Anyone else could confirm?

Thanks for your reply @kakmoe.

I am indeed an EU national. I don't think I could apply for it without my mum because I was technically not exercising treaty rights as per say as I was a student, but did not have comprehensive sickness insurance.

What you said about the the 5 year qualified period is quite interesting - I know that's the case with the settled stats as I have just gone through that. It would be nice if somebody is able to confirm this. If that is the case, I could apply with my mum and get the permanent residence backdated to 2011 as that is when we technically became permanent residents (our registration certificates were issued in 2007).