Immigration status

Hello dear readers and experts in the field can someone please help me I have no ideia what to do.
I first came to UK in 2009 I was 18 at the time got a family member of an EEA, we applied for residence permit and got the 5years right. During this all years I studied and worked in the country I graduated last year in the University in England, when it comes to renew my permit and applied for the Permanent residence permit I got mine refused on the basis that I am not part of my sponsor income in case my stepdad. I appeal the decision on court and it took 3years before I got a court earring and just for them to refuse me again on the same basis. I moved away from my family house for university matters but my family supported me during the 4 years I was in Uni and send me money and everything and I am always flying home on holidays and breaks. So now I just found out I am pregnant I am desculpas desperate I need to know in what basis can I applied to get a residence for remit to stay legal and also my baby when it comes. Please someone help. With solicitor suggestion lós anything at all.

Just to summarize, you got a 5-year EEA residence based on your relationship with your stepfather. I guess you applied as Extended Family Member.

What happened next? Is your stepfather still in the UK? Is he still EEA or did he apply for British Citzenship? Do you live with him? Does he still support you financially?

You are pregnant: do you have a partner? What's his citizenship? Does he work?

These questions are important to understand your status and see what could be your options.

@zerubbabel thank you for replying. To summarise my stepfather still married to my mother they both EEA CITIZENS my mum still leave in the UK my stepdad is gone back to my country but continued married to my mum as they been for the past 12year, but when I got this all thing refused he was in the country, I leave with my mum and partially depends on her because I do try my best And get my own money too. My boyfriend is not EEA citizen and it does not leave in the UK he only comes to visit me but it does work and pay taxes in a EEA country where he reside and have and have a residence permit over there.

Your sponsor, who is your stepfather, left the UK. This means that he is no longer exercising Treaty Rights. This is a non negotiable requirement for the EEA route you are under. As a dependent, you lose your EEA residence or can't renew/extend it if your sponsor is no longer in the country. An appeal is not going to change that. It's just waste of time and money because the court is going to tell you the same thing.

You live with your mother. She is EEA. That can be an option. So she can sponsor you as dependent relative. I need to check the law, but I don't think you can switch sponsor from the UK. You would have to go back to your home country and then make a fresh EEA application based on the fact that you are part of your mum household and depend on her. Everything you claim has to be strongly documented indeed. Your mum needs to work in order to show she can support you.

Other option, is your partner. He is not EEA. He can't sponsor you under an EEA route but still, depending on the country where he lives and the type of residence he has, he might be able to get you a visa/residence in the country where he lives.

Ok I understand that, so the fact that I leaved worked payed taxi studied in the country in the past 10year does not mean anything is that it?
My stepdad just left the country but when I was going through the all applications and appealing process is was right here in the UK exercising the treaty right.
I just need to know by my own since I stayed this long in the country I went to college and the high education I worked I payed taxi that doesn’t mean anything? Even own the country money they borrowed me to finance my studies that all doesn’t count?? What kind of law is this like I don’t get it.

Can you tell me more about these 10 years?

So you came in on 2009. At that time, they gave you an EEA permit on the basis of your stepfather exercising Treaty Rights are EEA national.

So your EEA residence expired in 2014. At the time, they refused to give you a permanent residence because they said you were no longer part of the household / dependent of your EEA national. Then subsequently the EEA national left the UK.

It took then 3 years of appeals for the court to confirm the initial refusal. This brings us to 2017.

Please correct me if there is anything incorrect in my summary.

So since 2009, did you hold any other visa / residence / leave... apart from that 5 years EEA residence that is expired now?

What's your status currently in the UK? Is it fair to say you are illegal at the moment?

You are right, and my stepdad left this year about 3moth ago, my problem is the decision when they refused it last year not 2017 but April 2018, they alleged that am not part of the household even tho we presented everything to prove that I am and I was leave term times in university and back home for half terms and holidays. But that besides the points I don’t want claim anything in my sponsors based but myself got the fact that I permanently leaved here for the past 10years I pay taxes I studied I must have some kind of rights something to protect me or anyone in this situation is not like I just came to country and did not do anything all this year that’s not the case so they want me to apply for residence in my own basis that’s great I just need to know what that basis are if you know can you please inform me please?

When I was in my twenties, I used to think like that: I live somewhere, I like the country, I work, pay taxes, volunteer for charities... I should be given the right to stay. With that thinking, I spent 10 years in Switzerland then one day I was asked to leave the country within 21 days. I left... but I understood many things since.

In immigration or anything else, no Administration is going to create a customized category for you.

There are predefined routes. You have to analyse your situation and see what routes you can fit in. Once you find the best route for you, you can then build a case and apply.

You were on EEA permit as Extended Family Member of an EEA national. You left your sponsoring family for your studies. Even if you visited your family on holidays and similar occasions, you weren't part of their household. You had your own address, bills, council tax... etc. This put you in a situation were you couldn't renew that EEA permit or upgrade to a permanent residence. The Home Office tests the conditions of being part of household and dependency when these permits holders apply for permanent residence.

At the moment, you spent 10 years in the UK but only 5 years with a valid residence. This doesn't open rights I am afraid.

However, your mum, as EEA national, can help you. That's really the strongest card you can play at the moment.

Is not about liking the country or not that’s not really the case, and I am not asking to open anything for me as special person or favor I am telling you that the home Office told me I can apply by my own means because i have the right to do so, I am only asking if anyone is aware of that means. And I don’t know if you aware but going to higher education in the UK you need to submit a tax information from your sponsor in case your mum or dad in my case it was my mother and my stepdad my student finance sponsor and my university was inside the UK and also students does not pay council tax or bills unless u choose to leave in private accommodation which was not my case therefore all my bills as you said still send to my home address because I was staying in university student accommodation and that is no body’s house as far I know. But it is fine thank you for trying to help me I appreciate your time.

You could apply to EU settlement scheme.

DESPERATE FOR HELP,

I totally get how upsetting and unsettling immigration law is.

I'm not an expert, but since your EEA card expired in 2014 and your court appeal lost, you seem to be illegal in UK. I'm not sure how you pay taxes and exercise other rights.

What Zerubbabel is suggesting to you seem to be fair. I'm not quite sure re advise of HO to apply as independent person now. I just don't see how it shall work.

I don't understand how to the OP was dragged into a long and costly court battle against eligibility criteria that were not met in first place.

I spoke with a few immigration solicitors and they all say the same thing: we go to court only if there is an error from the Home Office or strong and compelling reasons that should warrant some discretion.

Fighting to get something under a dependency route while the applicant is not dependent, is similar to fighting for a Tier 2 without working or a Tier 4 without studying.

Regulation 8(2)(a)(ii) of the 2016 regulations states a person only continues to
satisfy the requirements of regulation 8 if they remain dependent upon the EEA
national or a member of their household.