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Hi! I'm hoping someone will be kind enough to give me some good advice.

Is it possible for me to apply for a residence card as the dependent child over 18 of my mother who recently gained British citizenship (thus making her an EEA national).


I am 23 years old and have been on a student visa in the UK for 6 years now. I have lived with my mother throughout this period and am still financially dependent on her.

Please tell me what my chances are of getting a residence card? If I get one will I be able to work and study?


Thank you for your help and any useful advice!!

As far as I understand it will depend on
1-either the british citizen has recently exercised treaty rights in any EEA country for a considerable time period other than UK
2-how you are dependent on EEA national

in your case as your mother has recently obtained british citizenship so EU law doesn`t apply here because she has not exercised treaty rights so british law will be applied.

kashyme wrote:As far as I understand it will depend on
1-either the british citizen has recently exercised treaty rights in any EEA country for a considerable time period other than UK
2-how you are dependent on EEA national

in your case as your mother has recently obtained british citizenship so EU law doesn`t apply here because she has not exercised treaty rights so british law will be applied.

Thank you for the quick reply!

Oh ok - my mother has only lived in the UK for the past 10 years and I am dependent on her financially.

Do you know how long it would take my mother to exercise treaty rights as a British citizen before I would be eligible to apply for a residence card?

Also please could you explain how she would exercise treaty rights? Does it mean working in the UK since shes worked here fore 7 years now.

She need to exercise her EU treaty rights as a worker,student, self employed for some time in another member state and then she can apply for your residence card when she returns to UK

Sunskykelilo wrote:

kashyme wrote:Do you know how long it would take my mother to exercise treaty rights as a British citizen before I would be eligible to apply for a residence card?

Also please could you explain how she would exercise treaty rights? Does it mean working in the UK since shes worked here fore 7 years now.

Exercising her treaty rights means that she leaves the UK for another EU country to work, or study, or be self-sufficient for at least six months or so, before returning to the UK under the 'Surinder Singh' ruling!
So basically, under your current circumstances, you simply do not qualify under EU Law. Sorry.

Rozen wrote:

Sunskykelilo wrote:

kashyme wrote:Do you know how long it would take my mother to exercise treaty rights as a British citizen before I would be eligible to apply for a residence card?

Also please could you explain how she would exercise treaty rights? Does it mean working in the UK since shes worked here fore 7 years now.

Exercising her treaty rights means that she leaves the UK for another EU country to work, or study, or be self-sufficient for at least six months or so, before returning to the UK under the 'Surinder Singh' ruling!
So basically, under your current circumstances, you simply do not qualify under EU Law. Sorry.

Hi rozen
I never wrote the text you quoted as mine , infact I answered him . That was actually the post of Sunskykelilo.

Regards

Ok clearly I dont qualify. Thank you all for your replies.

I think ( as mentioned by others above ) that if someones sponsor goes to an EEA country outside UK and work there for 6 months and then come back , then that person can apply for residence card with the condition that he will remain financial dependant of his EEA sponsor during this period.

kashyme wrote: Hi rozen
I never wrote the text you quoted as mine , infact I answered him . That was actually the post of Sunskykelilo.

Regards

Sorry Kashyme I really do need to make that trip down to specsavers...

Rozen wrote:

kashyme wrote: Hi rozen
I never wrote the text you quoted as mine , infact I answered him . That was actually the post of Sunskykelilo.

Regards

Sorry Kashyme I really do need to make that trip down to specsavers...

Hi rozen
no need to say sorry , it is ok

regards.