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Dependant Issue
Posted: Wed Dec 16, 2009 4:44 pm
by 4real
Dear Mate,
My mum was married to an EU national 2004, before they both divorce in 2008. she as applied for her PR including my own PR, both the divorce certificate as not come out when she applied due to th validity of the 5 year permit, she only sent the application with the document from the court with it. she only recieve the aknowledgement letter in match 2009, then this november 9th 2009 she was sent a letter saying they are looking into her application and if she need to send them any document tha t she should or if she as send the document they are asking agian that she should ignore the letter sent to her.
My question now is, can I applied on my own or wait for the reply from them since we have apply together from hte begining.
Posted: Thu Dec 17, 2009 1:14 am
by Obie
Your mum would need to provide evidence that up to the time of the Divorce your stepfather was exercising treaty rights in the UK.
If the divorce has not yet been passed, and she want to apply for PR, she would need to provide evidence that your Step father has been residing in the UK over the last five years and has been exercising treaty rights during those period.
Are you still a minor and attending school. By minor, i mean under 21.
It might help her situation if you are.
Hi Obie
Posted: Thu Dec 17, 2009 8:39 am
by 4real
I was going to university at the age of 21 and was 22 when we apply for the PR, my stepfather was stiil working until my mum push for divorce when my stepfather was abusing her even supported with a medical report. I have everything my self showing i was attending school and aslo proff that i am working to support my family.
Re: Hi Obie
Posted: Thu Dec 17, 2009 9:35 am
by Wanderer
4real wrote:I have everything my self showing i was attending school and aslo proff that i am working to support my family.
U might struggle to prove ur dependency then.
Hi
Posted: Thu Dec 17, 2009 9:38 am
by 4real
Hi Wanderer
Why do you think I might struggle with my dependant issue.
Re: Hi
Posted: Thu Dec 17, 2009 10:00 am
by Wanderer
4real wrote:Hi Wanderer
Why do you think I might struggle with my dependant issue.
Well I'm no expert but as dependant I thought u had to prove that ur indeed, dependant, ie in ur case a student or otherwise but not working and thereby not dependant.
I may be jumping the gun by assuming dependant means financially but I cant see any other criteria.
Posted: Thu Dec 17, 2009 12:11 pm
by Obie
There is no requirement for your to provide proof of dependancy prospectively. That has already been assessed during your residence card application.
Assuming you would have been about 17 when the residence card was applied for, there is no need for dependancy to have been shown.
They will only need to ascertain that your stepfather was living with you guys in accordance with the EEA regulations/ Directive up to the 5 years mark.
No need to demonstrate dependancy.
Thanks Obie
Posted: Thu Dec 17, 2009 2:04 pm
by 4real
Obie,
My stepfather does lives with us for aleast three and half years bofore they both decide to divorce. But i was 17 when i fisrt got my 5 years and since then have been going to school, which i have obtain my first and second (Msc) degree during that duration.
I just hope with the three years record and proff of joint residence we've supply the home office should be enough for them.