Dependant or self-sufficient EEA Family Member

[lovedom12]

Hello everyone, I seem to have a weird one

I was issued 5 years residence card as a dependent family member of an EEA citizen 5 years ago, the 5 years has elapsed and I will have to apply for residency using the EEA(FM), the problem I have is that I am no longer a dependant on my father, I am self-sufficient now but still live with my father.

Do I apply as a dependant using my father's documents or do I apply with my own documents, I ask because there is a statement in my document that says (Residence card of a family member of an EEA National.

Do I have to apply as a dependant using my father's documents and if Yes what documents will be needed.

Thank you in advance

[jrmaciel]

I'm not a specialist, but as far as I know you should apply having in mind your situation at the moment.
So if you're self-sufficient there's some session in the form that you should say so and give details.

Is not a problem that your status have changed and is a good thing that changed for the best.

Don't forget to add evidence of everything (payslips or self-assessment returns, etc).

[NikiGio]

I was issued 5 years residence card as a dependent family member of an EEA citizen 5 years ago, the 5 years has elapsed and I will have to apply for residency using the EEA(FM), the problem I have is that I am no longer a dependant on my father, I am self-sufficient now but still live with my father.

Do I apply as a dependant using my father's documents or do I apply with my own documents, I ask because there is a statement in my document that says (Residence card of a family member of an EEA National.

Do I have to apply as a dependant using my father's documents and if Yes what documents will be needed.

To answer - we need more details.
Since you've been self-sufficient, have you been paying for CSI?
How long have you been self-sufficient?

Living with your father is actually still a type of dependency - dependency is based on either being a member of the EEA national's household and/or being financially dependent on the EEA national.

So in your case - it sounds like you are currently both financially self-sufficient and also dependent on your father as you live in his house.

So:

a) If you have paid for CSI since being self-sufficient - you could apply for EEA (PR) as a mixture of dependent (for the years until you became self-sufficient) and a self-sufficient person (for the years since you became self-sufficient). This could be a slightly complex application, so you might want to have a short consultation with a lawyer. The pro-bono lawyers at UKCEN could direct you initially. Or, if you don't mind potentially losing £65, you can just do your own research and apply.

b) If you don't have CSI - you could apply for EEA (PR) as a dependant of your father, based on the fact that you've been financially dependent on him and a member of his household for 5+ years. This should be a simpler application that a), provided you have good evidence to prove dependency.
For both a) and b), you also need to prove that your Dad has been a qualified person for 5+ years.

Another option is to apply for Settled Status - given Residence Cards will become obsolete from Dec 2020. This could be a simpler application than the EEA (PR) options, as it's not based on your Dad being a qualified person or on you being his dependent, but just on your family relationship with your EEA Dad and your UK residency.