EEA (QP) FINANCE (SECTION 7.9)

presido007 · Post by **presido007** » Mon Oct 24, 2016 11:45 am

Hi Guru,

I am currently completing an EEA (QP) form for my girlfriend's son, the boy is 7 year old and currently in primary school and he is a Spanish citizen as he was born in Spain and her mum lived in Spain for 9 years but his mum is a Nigerian citizen with permanent residence card for Spain.

My girlfriend and her son moved to UK last 2 years and because of the BREXIT, she has decided to apply for her son's resident card as a student in UK.

The problem is, in Section 7.9 on the form, it did asked for "Proof of finance" of the applicant.

Your finances
7.9 Please tick and complete either A or B below to indicate how you intend to show that you have sufficient financial resources to support yourself (and your family in the UK, if applicable) without needing to claim public funds/state benefits. You may tick both if you wish.
EEA(QP) - Version 03/2016 Page 23 of 35
A) I am providing evidence of my financial resources (see section 11 and the guidance notes for list of documents)
Complete the table below with details of your financial resources. For each type of resource, indicate the source (who provides it), how much you receive, and how often you receive it (if applicable). Tick all that apply. Continue on a separate sheet if necessary.

As the boy is 7 year old and does not work as he is still a minor in primary school. And the mum doesn't work neither does she have any income or bank account.

How do I complete this section? should I leave it blank?

Please, can somebody advise me on what to do.

noajthan · Post by **noajthan** » Mon Oct 24, 2016 12:01 pm

presido007 wrote:Hi Guru,

I am currently completing an EEA (QP) form for my girlfriend's son, the boy is 7 year old and currently in primary school and he is a Spanish citizen as he was born in Spain and her mum lived in Spain for 9 years but his mum is a Nigerian citizen with permanent residence card for Spain.

My girlfriend and her son moved to UK last 2 years and because of the BREXIT, she has decided to apply for her son's resident card as a student in UK.

The problem is, in Section 7.9 on the form, it did asked for "Proof of finance" of the applicant.

...

As the boy is 7 year old and does not work as he is still a minor in primary school. And the mum doesn't work neither does she have any income or bank account.

How do I complete this section? should I leave it blank?

Please, can somebody advise me on what to do.

If the child is applying as a selfsufficient qualified person then provide details of finances (wherever they come from); if mom has no finances then are you financing child?
Note Child needs CSI in place too.

On what basis is mom in UK?
Is she exercising treaty rights in UK?
(A Spanish DCPR/RC does not give rights to reside in UK).

If the application involves mother then take a look at derivative rights for carer (mother):
https://www.gov.uk/government/publicati ... ases-eun05

presido007 · Post by **presido007** » Mon Oct 24, 2016 2:55 pm

noajthan wrote:
presido007 wrote:Hi Guru,

I am currently completing an EEA (QP) form for my girlfriend's son, the boy is 7 year old and currently in primary school and he is a Spanish citizen as he was born in Spain and her mum lived in Spain for 9 years but his mum is a Nigerian citizen with permanent residence card for Spain.

My girlfriend and her son moved to UK last 2 years and because of the BREXIT, she has decided to apply for her son's resident card as a student in UK.

The problem is, in Section 7.9 on the form, it did asked for "Proof of finance" of the applicant.

...

As the boy is 7 year old and does not work as he is still a minor in primary school. And the mum doesn't work neither does she have any income or bank account.

How do I complete this section? should I leave it blank?

Please, can somebody advise me on what to do.
If the child is applying as a selfsufficient qualified person then provide details of finances (wherever they come from); if mom has no finances then are you financing child?
Note Child needs CSI in place too.

On what basis is mom in UK?
Is she exercising treaty rights in UK?
(A Spanish DCPR/RC does not give rights to reside in UK).

If the application involves mother then take a look at derivative rights for carer (mother):
https://www.gov.uk/government/publicati ... ases-eun05

Thank you for your quick reply noajthan, I appreciate the good work you are doing in this forum.

The child is applying as a Student qualified person as he is still in primary school in UK. Does a minor in primary school have to provide proof of finance?

The boy and my girlfriend have CSI running already.

The mum came to UK on a visiting visa and tried to apply for derivative right as primary carer of her eea son but her application was denied by the HO so we are currently waiting for the appeal date to be fixed. right now, the mum can not work or open bank account. so I am financially responsible for their upkeeps. but HO want ties between me and my girlfriend which I don't really know what to do.

noajthan · Post by **noajthan** » Mon Oct 24, 2016 3:16 pm

presido007 wrote:Thank you for your quick reply noajthan, I appreciate the good work you are doing in this forum.

The child is applying as a Student qualified person as he is still in primary school in UK. Does a minor in primary school have to provide proof of finance?

The boy and my girlfriend have CSI running already.

The mum came to UK on a visiting visa and tried to apply for derivative right as primary carer of her eea son but her application was denied by the HO so we are currently waiting for the appeal date to be fixed. right now, the mum can not work or open bank account. so I am financially responsible for their upkeeps. but HO want ties between me and my girlfriend which I don't really know what to do.

There are children in education with an EEA sponsor who has left UK - but that doesn't seem to apply here.
And there's self-sufficient EEA children (Chen cases).

So it seems child has to show he is selfsufficient ie financed by somebody.
Based on other posts your role in this case is somewhat unclear. But with CSI already in place you/the mom/child are part way there.

Ref Chen:
https://www.gov.uk/government/uploads/s ... 7/chen.pdf

presido007 · Post by **presido007** » Mon Oct 24, 2016 3:37 pm

so will you suggest we should apply as a self-sufficient qualified person instead of as a student qualified person?

I am happy to include my payslips and bank account statement as his sponsor but how do I prove ties with him to the HO as he is not my son or adopted son?

noajthan · Post by **noajthan** » Mon Oct 24, 2016 3:40 pm

presido007 wrote:so will you suggest we should apply as a self-sufficient qualified person instead of as a student qualified person?

I am happy to include my payslips and bank account statement as his sponsor but how do I prove ties with him to the HO as he is not my son or adopted son?

Yes, that's my understanding based on stated facts.
There is no age limit on qualified persons so minors may be a qualified person.
Obviously some routes are not open to them (work) but self-sufficiency is, if they have the means.

I'm not an expert on Chen but my further understanding is you are not a sponsor in an EEA or even a family context.
You are a sponsor in a financial context. So you don't have to be 'related'.

presido007 · Post by **presido007** » Mon Oct 24, 2016 3:49 pm

noajthan wrote:
presido007 wrote:so will you suggest we should apply as a self-sufficient qualified person instead of as a student qualified person?

I am happy to include my payslips and bank account statement as his sponsor but how do I prove ties with him to the HO as he is not my son or adopted son?
Yes, that's my understanding based on stated facts.
There is no age limit on qualified persons so minors may be a qualified person.
Obviously some routes are not open to them (work) but self-sufficiency is, if they have the means.

I'm not an expert on Chen but my further understanding is you are not a sponsor in an EEA or even a family context.
You are a sponsor in a financial context. So you don't have to be 'related'.

Thanks very much noajthan, I appreciate your help. I will print out another form and complet it as a self-sufficient qualified person instead of the student qualified person as there is no way of showing proof of finance for a child that in primary school which is free tuition.

noajthan · Post by **noajthan** » Mon Oct 24, 2016 4:00 pm

presido007 wrote:
noajthan wrote:
presido007 wrote:so will you suggest we should apply as a self-sufficient qualified person instead of as a student qualified person?

I am happy to include my payslips and bank account statement as his sponsor but how do I prove ties with him to the HO as he is not my son or adopted son?
Yes, that's my understanding based on stated facts.
There is no age limit on qualified persons so minors may be a qualified person.
Obviously some routes are not open to them (work) but self-sufficiency is, if they have the means.

I'm not an expert on Chen but my further understanding is you are not a sponsor in an EEA or even a family context.
You are a sponsor in a financial context. So you don't have to be 'related'.
Thanks very much noajthan, I appreciate your help. I will print out another form and complet it as a self-sufficient qualified person instead of the student qualified person as there is no way of showing proof of finance for a child that in primary school which is free tuition.

I think you're on right track.
This is not a classic Chen case until mom goes through appeal process.
It's some sort of Chen-like case.

And if it was a clearcut child in education case you would be looking at an EEA (FM) type application - but in this case there's no Union sponsor who has left UK:
https://www.gov.uk/apply-for-a-uk-resid ... ligibility

Good luck.

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