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Hello,

I and my family have lived in the UK for 6 years now, and we want to apply for PR. I know that individual route for me is not available, as I do not have health insurance. I was wondering if I can apply as a direct family member of a qualified person instead.

1) We have been living here for 6 and a half years, and we have not have any gaps in staying here. My mom and dad are workers for nearly all of that time, and job seekers when not (a very small amount of time). I have been a student since start of 2010, and I am still a student.

2) EEA(PR) form allows to apply as a qualifying person, or as a direct family member of a qualifying person. Direct family members are

direct descendants of the EEA national or their spouse or civil partner who are: under the age of 21

I am 20 years (and two weeks) old, so technically I should be a direct family member, and therefore be able to apply for permanent residence that way. Yet I called up UKIV, and they told me that I would not be able to apply as family member.

I am wondering which is the correct answer, as my research is not matching up with UKIV.

Ovidijus wrote:Hello,

I and my family have lived in the UK for 6 years now, and we want to apply for PR. I know that individual route for me is not available, as I do not have health insurance. I was wondering if I can apply as a direct family member of a qualified person instead.

1) We have been living here for 6 and a half years, and we have not have any gaps in staying here. My mom and dad are workers for nearly all of that time, and job seekers when not (a very small amount of time). I have been a student since start of 2010, and I am still a student.

2) EEA(PR) form allows to apply as a qualifying person, or as a direct family member of a qualifying person. Direct family members are

direct descendants of the EEA national or their spouse or civil partner who are: under the age of 21

I am 20 years (and two weeks) old, so technically I should be a direct family member, and therefore be able to apply for permanent residence that way. Yet I called up UKIV, and they told me that I would not be able to apply as family member.

I am wondering which is the correct answer, as my research is not matching up with UKIV.

You were evidently also a 'minor in education' &, as per my understanding, would not have needed CSI for that period. However as an adult student you may now need CSI and have stated you don't have it.
A foreign-issued EHIC would also do at a pinch.

If none of the above helps you then, yes, based on stated facts you appear to be a direct family member of an EEA national.

You should be able to apply for confirmation of PR on that basis.

Here is HO guidance on the topic:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

noajthan wrote:If none of the above helps you then, yes, based on stated facts you appear to be a direct family member of an EEA national.

You should be able to apply for confirmation of PR on that basis.

Here is HO guidance on the topic:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

Thanks for your response.

As far as I understand, I should be able to apply for PR with my mother as a sponsor. She does not have PR, but she is a qualifying person. I will give it a shot as soon as I can, but I am still confused about sponsors. If I have a sponsor, do I need to exercise my treaty rights to gain PR, or does only my sponsor have to?

Ovidijus wrote:

noajthan wrote:If none of the above helps you then, yes, based on stated facts you appear to be a direct family member of an EEA national.

You should be able to apply for confirmation of PR on that basis.

Here is HO guidance on the topic:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

Thanks for your response.

As far as I understand, I should be able to apply for PR with my mother as a sponsor. She does not have PR, but she is a qualifying person. I will give it a shot as soon as I can, but I am still confused about sponsors. If I have a sponsor, do I need to exercise my treaty rights to gain PR, or does only my sponsor have to?

Yes - mother (an EEA national) can be sponsor.

It is sponsor who has to exercise treaty rights.
If applying as a dependent family member then it is your sponsor who has to be the qualified person (eg worker, jobseeker etc) & exercising those rights continuously for the 5 years period.

What the dependent (you) do/did for the 5 years is in fact immaterial (in immigration terms).

Just be sure any absences from UK (ie both your absences and also sponsors) were within prescribed limits to avoid breaking continuity of residence in UK.

Good luck.

Thank you noajthan, this has calmed me down. Now to just fill up the form, send it off and pray that everything is fine. A billion thanks

Ovidijus wrote:Thank you noajthan, this has calmed me down. Now to just fill up the form, send it off and pray that everything is fine. A billion thanks

If you have all the appropriate supporting documentary evidence all should be well.

Take care with the form it's a monster.
Suggest keep copies & scans of everything you submit (including the form).

Best of luck.