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Status of over 21yrs dependants
Posted: Thu Jun 01, 2017 8:57 am
by naija99
Good morning forum
A friend intends to apply for PR as the child of an EEA national. The EEA national has a PR card already. At the time of granting the RC, the non EU family member was under
Please could someone confirm whether there will. She is now 25, had moved out to university campus, graduated and has a child. Can she still apply for PR as a dependant?
Re: Status of over 21yrs dependants
Posted: Thu Jun 01, 2017 10:41 am
by secret.simon
Has she been financially dependent on the EEA citizen from the age of 21 onwards? Is there documentary proof of that?
Re: Status of over 21yrs dependants
Posted: Thu Jun 01, 2017 12:03 pm
by naija99
Unfortunately not
She moved out and has claimed benefits
Re: Status of over 21yrs dependants
Posted: Thu Jun 01, 2017 1:04 pm
by vinny
Since when and from what age has she been in the UK?
Re: Status of over 21yrs dependants
Posted: Sun Jan 14, 2018 5:26 pm
by naija99
Hi Vinny
She applied as a direct family member and has been refused.
The refusal letter is quite confusing
She entered UK with entry clearance EEA family permit in 2012, she was granted a 5yr RC 2012-2017.
The refusal states
1. that in order to qualify for PR she must show she has been dependent on sponsor continously for a period of 5 years.
2. It goes on to state that her bank statements illustrate regular receiving funds from her child's father and therefore she must be financially dependent on her child's father rather than her sponsor.
3. It states if she had provided bank statements showing her sponsor giving her some funds this alone would not be anough to demonstrate she is finacially dependent on him as claimed.
4. She provided sporadic wage slips which demonstrates she is not financially dependent on sponsor
CONFUSING PART
5. It states she was under 21 when she submitted her application for a RC in 2012, therefore you were not required to demonstrate that you were financially dependent on your sponsor, simply that you were residing with him. Now you are 26 simply residing with your sponsor does not mean you are dependent. It is also required that you demonstrate your sponsor would be deterred from exercising free movement right if you are removed.
They have returned her passport. Please can someone advise. Should she appeal or reapply?
The father of the child makes maintenance payments for the child and she does not rely on him financially.