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Proof of dependency for appling EEA PR.

Posted: Sat Nov 05, 2016 11:27 am
by millow123
Hi there,

I'm currently applying for EEA PR but have some difficulty to show my dependency between me and my EEA sponsor stepfather. I entered UK since November 2011 using family permit visa and got my residence card in July 2012. Now I have two problems:

First is my stepfather was retired in December 2014, I should apply EEA PR that time because he has ceased activity, but we didn't know about that back into 2014 and simply thought just wait for 5 years to apply EEA PR. In the returning letter said "At present your only claim to remain in the United Kingdoms is as the family member of a European Economic r\rea @,EA) national who is exercising treaty rights here. If your family member decides to leave the United Kingdoms, or ceases to exercise -treaty rights, or if you cease to be a family member, you would have to quali$' to remain in the United Kingdom in your own right. 'I'his Directorate should be notified immediately if your family member decides to leave the United kingdoms, or ceases to exercise a treaty right here, or if you cease to be a family member." Is that means I stayed in the UK illegally since December 2014?

Second is my dependency with my stepfather, we're living in the same household, my stepfather pay the food, accommodation, and utility bill and council tax. My stepfather also kept supporting me financially and emotionally since I came into the UK, he gave me some pocket money and bought me my first vehicle in December 2013. I got a job and earning about £15,000 annually, but I have £30,000 saving that has been given by my real father from my original country in September 2013 because he's been told by the doctor he's dying soon, so he gave me the money worth half of the property and left the property to his wife. So now I have such amount of savings and can be considered as financially independent even though the fact all my essential need is still provided by my stepfather. I've been noticed that a person still can be considered "dependent" even he's earning enough to support himself by working, but couldn't find any answer about will any other income such as heritage will affect "dependency"?

Thanks in advance for any advice, I really appreciate it.

Re: Proof of dependency for appling EEA PR.

Posted: Sat Nov 05, 2016 11:47 am
by noajthan
Welcome.

You are not 'applying for PR' its all about 'confirmation' of PR status; the card is merely a confirmatory and optional (although useful) document.
So you may well have acquired PR status already.
So you are (probably) not 'illegal'.

How old are you?
Dependency would only have to be demonstrated for any period during the relevant qualifying period in which you were over 21.

There is established case law around types of and reasons for dependency that can help your case.

Suggest focus on applying for confirmation on basis that stepfather has ceased activity if all the requirements (dates/timing etc) have been fulfilled.
You will need to submit rock-solid documentary evidence ofcourse.

Re: Proof of dependency for appling EEA PR.

Posted: Sun Nov 06, 2016 7:20 am
by millow123
noajthan wrote:Welcome.

You are not 'applying for PR' its all about 'confirmation' of PR status; the card is merely a confirmatory and optional (although useful) document.
So you may well have acquired PR status already.
So you are (probably) not 'illegal'.

How old are you?
Dependency would only have to be demonstrated for any period during the relevant qualifying period in which you were over 21.

There is established case law around types of and reasons for dependency that can help your case.

Suggest focus on applying for confirmation on basis that stepfather has ceased activity if all the requirements (dates/timing etc) have been fulfilled.
You will need to submit rock-solid documentary evidence ofcourse.
Thanks for the reply. I'm 35 now. That give me more confidence now.

Re: Proof of dependency for appling EEA PR.

Posted: Sun Nov 06, 2016 12:18 pm
by noajthan
millow123 wrote:Thanks for the reply. I'm 35 now. That give me more confidence now.
So you were around 30 when you came to UK. If you can show appropriate dependency and step-father also meets requirements then suggest apply for confirmation of PR on basis of Union citizen ceasing activity.

It doesn't matter that it was in the past, all PR-related applications are based on past activity.
You will ofcourse need rock-solid documentary supporting evidence.