Dependency after 5 years of residence as EEA family member

Hi,
My question is regarding the dependency that as a direct family member of an EEA, I have to satisfy to be able to get permanent residence after 5 years in the UK. I am non-EEA national and I've got my EEA family permit through my mum who is an EEA national, I was granted permission to work so I have been working and living by myself since then no in my mum address I have earned enough to be self-dependent and I have paid taxes. So I would technically say that I am not a dependant anymore. Would this affects my application, what do I need to do in order to get the permanent residence?

Thank you for any advice!

Alexa13 wrote: ↑

Tue Jul 02, 2019 4:36 pm

I was granted permission to work so I have been working and living by myself since then no in my mum address I have earned enough to be self-dependent and I have paid taxes. So I would technically say that I am not a dependant anymore.

Financial independence is not the same thing as having the independent right to reside in the UK.

Your status is dependent on that your mother, the EU national, no matter your financial circumstances. This applies the same to you as it applies to, for example, a Non-EU spouse of an EU national, even if that non-EU person has a successful, financially independent career in their own right. Before completing the mandatory 5 years of residence under EEA regulations, the status of every non-EU family member of an EU national is dependent on their EU family member exercising treaty rights in the UK (regardless if they are a receptionist assistant with an entry salary or the CEO of a company making millions).

Would this affects my application

Nothing to do with it.

What do I need to do in order to get the permanent residence?

Complete 5-years residence as a family member of an EU national.

Hi Alexa

Sorry, yesterday was a long day, and I think I might have misinterpreted what you wanted to ask. So, for the sake of clarity for anyone reading, did you mean to ask that:

a) Because you consider yourself financially independent, you want to know if your right to reside no longer depends on your mother's status and therefore you have a right to reside in the UK on your own right.

b) Because you consider yourself financially independent, your right to reside might not longer be valid, as a requisite of your current Residence Card was that you were dependent of you mother, and member of her household.

I interpreted your question as a) and that is what my answer corresponds to.

If your question is b), please ignore my answer and accept my apologies. I am not sure what the right answer is in this case, but I would be surprised if working and earning a salary intervenes with the validity of your residence card, since they give you the right to work. Living independently might, but I'm not sure. There are probably similar questions already answered in this forum.

b) Because you consider yourself financially independent, your right to reside might not longer be valid, as a requisite of your current Residence Card was that you were dependent of you mother, and member of her household.

Thank you for your answer, my case is b. So to put things right in order to get the permanent residence. If I say that I still being a dependent of my mum even though I am not living in the same house, would it be enough? I need to be clear in what do I need to do to apply successfully for the permanent residence. Please.

Look at this post, where the issue is discussed.

Seems like it all hinges on what age you were when you obtained your first document as family member of EEA national:

• If you obtained your first EEA as a child of your mother when you were under 21, you do not need to remain dependent to your mother throughout the 5 years.

• If you obtained your first EEA as a child of your mother when you were already 21 or over, then you need to remain dependent on her.

Good news is, the definition of 'dependent child' is very reasonable, does not include the need of cohabitation, and does not need to cover 100% of your life expenses, only to be a contribution. In all fairness, I can see how many people under 30 are still dependent on their parents, according to this definition! You do not need to justify why you are dependent: https://www.gov.uk/guidance/immigration ... ppendix-eu (Anex 1, "child")

‘dependent’ means here that:
(a) having regard to their financial and social conditions, or health, the applicant cannot, or (as the case may be) for the relevant period could not, meet their essential living needs (in whole or in part) without the financial or other material support of the relevant EEA citizen (or of the qualifying British citizen) or of their spouse or civil partner; and
(b) such support is, or (as the case may be) was, being provided to the applicant by the relevant EEA citizen (or by the qualifying British citizen) or by their spouse or civil partner; and
(c) there is no need to determine the reasons for that dependence or for the recourse to that support

Hi - I placed the post you are referencing. I just want to clarify things - I've gotten wildly differing advice, from various "help" legal centres. The one I posted (must remain dependent for the full five years) was just one set of advice. It has been all over the place, from one extreme (this one) to "no problems at all."

I have also had communications directly with the Home Office, asking if the adult child in question has to remain dependent, and am getting responses to the effect that of course they can work. I forwarded the various bits of legal advice to them that said that if the adult child was not financially dependent they would no longer be considered a "child" and still got back that they could work. I'm not sure the concept is getting through to them, because Appendix EU's definitions section certainly seems to indicate that to be a family member, a child over age 21 must be financially dependent. And you must be a family member to get settled status, eventually.

My biggest fear in all this now is that if said child works, when it's time to apply for full settled status, it will be denied because they have not been my financial dependent for the full five years. I have been trying for four months now, and have still not gotten a firm answer from a government source.