please help....EEA4 or British Passport?

[StruggleisReal]

i got EE2 residence permit in october 2006
October 2011 residence permit expired

tried to apply for EE4 before my permit expired in 2011, but my EEA sponsor, my father, did not support

after a few years of struggle i got discretionary leave for two years on may 2014 on the basis that I was looking after my 15 year old sister.

now my father is back and I understand that I can still make the EEA4 application..

My question to you is if I can apply for British Citizenship as i aquired EEA4 in 2011 as my dad had been exercising his treaty rights. it is just that i did not have his documents or do I still make the EEA4 application. Please advise as it is been really stressfull since a couple of years and I want to make the right decisions now

my dad is still EEA national, he has not applied for Permanent residence and/or british citizenship

I thank you for your help and time. please help

[dalebutt]

Nothing stops you from applying for BC, my advice to you is to keep it simple, get EEA and immediately apply for BC, if you don't like the latter, you can apply directly for BC, you must provide sufficient proof that you EEA father has obtained PR preceding 2011.

[Obie]

If OP could not qualify in 2011for PR, his father left and returned in 2014, I can't see how he will qualify for PR now, nevermind british citizenship.

[dalebutt]

tried to apply for EE4 before my permit expired in 2011, but my EEA sponsor, my father, did not support

Perhaps indeed that may well be the case, but OP said father didn't support application, he didn't he wasn't qualified at the time, , if the father had exercised treaty rights for 5 years preceding 2011, OP should be OK.

[Obie]

The father may have lost his right to PR due to his absences, but I agree that if he lived with him for 5 years in accordance with the regulation, then he may qualify.

[StruggleisReal]

My father has been excercising his treaty rights as EEA national since 2006 and he is still doing that.

I applied for SET O on december 2012 ....which is after my residence permit expired... I understand that i was an overstayer at the time i applied for set o

Would it now b a problem if i was to apply for BC...also how many years of treaty rights do i provide .. would it be just 5 yrs till oct 2011 or even more than that ...also for the period oct 2011 - oct 2012 what documents do i provide

Also ..what form do i use for BC, and what are the costs for application

Thanks for ur efforts to help me out

[dalebutt]

Evidence that he exercised treaty rights for 5 years till October 2011, you do not need to provide any more than that, You need form AN. https://www.gov.uk/government/uploads/s ... N_v1_0.pdf

[StruggleisReal]

Hi members and expert

I have spoken to a few solicitors and have been told that i cannot apply for EEA4, and instead have to apply for EEA2,

When i had differences with my father, i tried to apply in my own right and through solicitor applied for settlement(SET O)outside immigration rules. I got to know today from solicitor that you cannot apply for settlement OUTSIDE immigration rules, instead i had to apply for Further leave to remain

Since I now hav 2 years discretionary leave in UK law, in order to go back to EEA law, i have to apply for EEA2 says the solicitor

Please help me as i will lose so many years if i again have to apply for EEA2 again....

I would really appreciate ur help in this tough time. I really need some expert advise.

[Obie]

Your case has been through one mess after the other. Lawyers giving contradictory advises and asking you to make complicating applications to home Office.

The sibling you are looking after, is he/she the child of your father, and was he/she in Education when your father left?

So you say your day came to UK in 2006 and when did he leave the UK.

During the time he was in the UK, was he working continuously.

[StruggleisReal]

My sibling im looking after is the daughter of my father. She is 15 and was in education when my dad left...she has got indefinite leave.

I have two more sisters... me and my two sisters applied all application together. I got 2 yrs discretionary on the basis that i am looking after this child..

We have put an appeal in for the two sisters only recently and do not have a date yet

My dad came in 2006 and has been continuesly excersingJis treaty rights...he did not leave the uk...he left
us in jan 2012

[Obie]

Well the solicitor is clearly wrong. In light of the above fact.

There was no need for Discretionary leave as you guys had the right of PR.

In regards to the other thread, you are entitled to the benefits you claimed.

[StruggleisReal]

But we did not hav the prove of my dads treaty rights....

We can get them now however,

What do we do now?....do we have a chance of getting EEA4 or not...because the solicitor said that my two sisters are illegal overstayer....home office hav kept their passports

Can we go back to EEA route and apply for PR

This new solicitor said that the only way to go back to EEA route is through EEA2

[Obie]

Except I am missing something, you should have qualified for PR since 2011, if you had lived with your dad in the UK since 2006, and he was exercising treaty rights during this period.

I cannot comment on your solicitors view. I am going purely on what you have written on this thread.

[StruggleisReal]

Is there a rule that says we can still get PR after going for UK law that i can refer to when i speak to the solicitor..

When i said to this solicitor that we had already acquired PR in oct 2011, but did not got enough evidence he got quite agitated....he said if we got a refusal on EEA4 we could have done EEA4 now but since we changed route we can only go for EEA2,

Im really confused....I want to do it through a solicitor but it is hard to find ?...Does anyone know a good solicitor in Birmingham who knows what to do? I would really appreciate it

[Obie]

I believe it is regulation 15(1)(b) you are after.

It provide for right of permanent Residence for Family members.

[StruggleisReal]

The fact that we changed route has no implication on this rule u mentioned Obie????

Has there been a similar case like ours at Home Office ?

[Amber]

It's rather simple, if you acquired PR in 2011 the only way it would be lost is if you had left the UK for two or more years. It's not lost because you're currently under immigration rules, albeit erroneously. The solicitor is talking baloney. Just apply for citizenship with evidence that your Father was exercising treaty rights for the 5 years in question. I take it you were born after your Father acquired his EEA nationality?

[el patron]

I concur with both Obie and Amber

[StruggleisReal]

Me and my two other sisters were born before my father got his EEA nationality. All us of three are over the age of 21.

You are talking about BC, here solicitors dont even think we qualify for PR. We cant take the risk of applying ourselves and not through solicitor as it has gone really complicated and my sisterss passports are with Home Office so they can be removed

[el patron]

Me and my two other sisters were born before my father got his EEA nationality. All us of three are over the age of 21.

You are talking about BC, here solicitors dont even think we qualify for PR. We cant take the risk of applying ourselves and not through solicitor as it has gone really complicated and my sisterss passports are with Home Office so they can be removed

Make another EEA2 application, it costs £55 per applicant, the application is based on circumstances now - Your father is an EEA national now, provided your are dependent or a member of his household in the UK now you can apply under EU rules even if you and your sisters are over 21.

I would suggest if you want to use a solicitor, find one with a proven track record in EEA applications.

[dalebutt]

Why should OP make another EEA2 application when he is most likey to have attained PR status? OP should get the father to collect his tax contribution history from the HMRC and apply for PR.

[StruggleisReal]

HI..

i know that we can apply for EEA2 now, but i would like to know if there is a chance for us in EEA4

I am in search of a solicitor and will speak to a few before deciding what to do next.

[el patron]

Why should OP make another EEA2 application when he is most likey to have attained PR status? OP should get the father to collect his tax contribution history from the HMRC and apply for PR.

of course yes but in the circumstances I would recommend covering all bases.

[dalebutt]

If the application was refused due to lack of OP's dad exercising treaty right for 5 years preceding his departure in 2011, such refusal would not attract removal directions, in my opinion EEA2 should be last resort.