Urgent Advice Concerning Permanent Residence Card.

Hi All, thanks for the good work you're doing on this forum. You are really helping a lot of people. Thanks a lot. I need your advice on the Permanent Residence Card issue. I got my Residence Card early this year. It will end in 2016. Now I stay with my sponsor who is my cousin and relative . We've known each other for about 22 years. However, the jobs I'm getting are far way from where we live in London. If I move out and get a place of my own, will it affect my application for PR later on. Do I still need to be living with my cousin to get my PR Card approved? My cousin also has her partner living with us and they will get married soon. I believe they have right to their privacy. I don't also want to inconvenience them by bringing my girlfriend to live with us. I have seen good jobs as far as Scotland and Brighton, but I'm afraid to move to these places because of my future PR Card application. Is the Home office still going to demand that I should keep living at the same address after getting my Residence Card? I need your advice, please. Thanks.

Yes they will demand that you show evidence you are dependant on this person or a member of his household up to the time you apply for PR.

This issue is currently at the CJEU in the case of MR. If the ECJ reply is in your favour, this will not be necessary.

@Obie, thanks. So what you're saying in essence is that I have to keep living with my cousin till I apply for Permanent Residence? It is a bit tough getting jobs in London these days but there jobs in sorrounding areas of London like Hertfordshire, chelmsford etc which some transportation to. Anyway, I might just allow my payslips to keep going to where I currently stay with my Cousin. What do you think? My Cousin continues to exercise her treaty rights and she is a top Manager where she works. I just feel that since I am allowed to work why should I keep depending on my Sponsor/Cousin? Anyway, thanks for your advice. Cheers.

If you are not dependant or members of the household of the Union Citizen, you will not qualify after 5 years as things stand.

Things may change after MR, we don't know.

It is up to you, how you bring yourself into those category. I am unable to advice on that.

Obie wrote:If you are not dependant or members of the household of the Union Citizen, you will not qualify after 5 years as things stand.

Which would also mean that the OP would lose the status as soon as those conditions are not met anymore?

Ok Folks, I am still dependent on my cousin. No problem about that. I am still staying with her cheers.

Here is another situation but with perhaps the same result? :

The EEA national has a non-EEA adult dependent child over 21 in another country who is unemployed and penniless, so the EEA national parent brings him to the UK using Family Permit.

The dependent adult child does not apply for a Residence Card immediately because it is not compulsory in the UK and because he needs his passport with the Family Permit showing his right to work.

He is supported by the parent in the UK until eventually he finds a job, after many months, as he has a right to work and it is a normal part of life. Now he is earning his own income.

So he isn't a dependent child and so not a Family Member any longer.

Then, the situation becomes similar to the Original Poster.

But there are the rules regarding extended or other family members.

As I understand it, He still qualifies for a Residence Card due to Regulation 8 (2)(c) of the 2006 Regulations in the UK:

(c) the person satisfied the condition in paragraph (a), if he has joined the EEA national in the United Kingdom and continues to be dependent upon him or to be a member of his household."

Is this correct?

In the EEA regulations, different provisions apply to both Extended family members under Regulation 8 and Core family members under regulation 7.

Under regulation 17(1), the issue of a Residence card to Family members within the meaning of Regulation 7(1) is mandatory, whiles for extended family member under regulation 8, it is discretionary under regulation 17(4) (5), safe for if they are holders of an EEA family permit, then they are considered as family member under regulatins 7(3) and the issue of their residence card is mandatory under regulation 17(1).

There is an anomaly in the EEA regulations, in my view, which the courts have sort clarification on in the case of MR, which is at the CJEU at present for preliminary ruling.

With regards to dependant family members in the descending line, it is only the social and emotional ties that needs to carry on over the 5 years period, in order for them to qualify for Permanent residence card. This is different for extended family members , who have to demonstrate that they were either dependant or members of the Household over a 5 years period.

I hope this clarify things

you can move and use your cousin address as your main one payslips, bank and others things. and also can do royalmail redirections to your new address.

Thanks for the explanation, Obie.

I am sure for those in the situation I described, that info is reassuring.

However, if, in the situation I described above, the EEA FP has already expired, (is that "ceased to be valid"? in 7.3 ), when he applies for a Residence Card, does that mean he loses that guarantee of "must issue" and then has to rely on the discretionary " may issue" ?

7.(3) Subject to paragraph (4), a person who is an extended family member and has been issued
with an EEA family permit, a registration certificate or a residence card shall be treated as the family member of the relevant EEA national for as long as he continues to satisfy the conditions in regulation 8(2), (3), (4) or (5) in relation to that EEA national and the permit, certificate or card has not ceased to be valid or been revoked.

@Poans, thanks for the advice. I've been considering it.

@All, keep the information coming. I am reading all what you're writing on the thread. I am learning a lot from you. Thanks for all the great assistance and keep helping people on this site. Cheers.

Hi DesinyChild,

I understood from your post that you have got RC due to the distant relative of your uncle. I also want to apply for my brother RC. He is living here in student visa for 2 months with me and my EEA wife. What documents do I need to provide or evedience that he is dependant on me. I just want to learn from your experience and would be grateful if you reply me.

Please note that before he arrived in UK in student visa, i was supporting him as he didnt have a job for 2 years and I only have birth certificate and money transfer receips only for proof. Please advice.

Many thanks
best wishes

@Pinkpanter, I am not so experienced on the matter you've asked me to help out with. I went through an immigration lawyer when my cousin applied for me. Since you're not the EEA National, your application needs to be tight. Do you have a Residence Card or have you become an EEA Citizen too? I feel you should ask experienced people on this forum about the kind of documents you need. Your brother's Passport will be requested for, proof that he is dependent on you here will be requested for and proof that he depended on you back in Nigeria ( Western Union& MoneyGram ) will also be needed. Your Birth Certificates linking you together should also be sent with your application. Repost your questions to the general house. Thanks.

Thank DestinyChild,

I have posted to generel in the name (How can i apply RC for my brother who is already in UK) but unfortunately, nobody replied so i found your post quit similar to my brother.

I have 5 years RC and my PR is due in Sept this year. I understand that you have not enough knowledge in EEA, however you can assist me from your experience for what documentation require or you have sent to HO, which would be definately helpful for me.

My EEA wife is going to apply PR this month and mine is due in Sept. My brother have 18 months student visa and he has been here for 2 months living with me. I have birth certificate mentioning our names and I also have money transfer receipts (from local money transfer company not WU or MG). My wife also wants to support his application.

nonspecifics wrote:Here is another situation but with perhaps the same result? :

The EEA national has a non-EEA adult dependent child over 21 in another country who is unemployed and penniless, so the EEA national parent brings him to the UK using Family Permit.

The dependent adult child does not apply for a Residence Card immediately because it is not compulsory in the UK and because he needs his passport with the Family Permit showing his right to work.

He is supported by the parent in the UK until eventually he finds a job, after many months, as he has a right to work and it is a normal part of life. Now he is earning his own income.

So he isn't a dependent child and so not a Family Member any longer.

Then, the situation becomes similar to the Original Poster.

But there are the rules regarding extended or other family members.

As I understand it, He still qualifies for a Residence Card due to Regulation 8 (2)(c) of the 2006 Regulations in the UK:

(c) the person satisfied the condition in paragraph (a), if he has joined the EEA national in the United Kingdom and continues to be dependent upon him or to be a member of his household."

Is this correct?

Hi there - this is exactly what has happened to me - see my post: http://www.immigrationboards.com/viewtopic.php?t=85918 - the problem is that i have been advised that so long as i have a job i am no longer a dependent and would therefore lose the right to my RC... but would this not fall foul of Reg 1612/68 - and in particular articles 10 and 11?

i lose my job, become dependent again, apply for a RC again, get a job, lose the RC again.. and on and on it goes in a vicious cycle...

any comments, pointers, tips would be greatly appreciated.

thanks

Article 10 of regulations 1612/68 is been repealed by directive 2004/38EC . Essentially, that aspect of the regulation is non existent.

As i advised the Original poster , the requirements of dependency is alternate to membership of the same h EEA extended family me ousehold. Therefore and OFM who is no longer dependant, will be expected to provide evidence that he or she is a member of the union citizens household. As far as the law stands that what is the case