ROR for 18 years old dhild of non-EEA after divorce

[Nimitta]

Hello!

A friend of my (non-EEA) just told me that her husband wants a divorce. She has an 18-year old son who studies at college. My friend was going to apply for permanent residence in March of 2015, as for the boy, he was out of the country for a year, so he will be able to apply for PR in March of 2017 after 5 years period of continuous residence in the UK.

Now we are not sure what to expect if her husband does insist on immediate divorce. She has all necessary documents to apply for PR, so, that won't be a problem. But what would happen to the boy?

Will he be eligible for ROR? Or maybe he will remain as a dependent of his mother after her receiving PR (as a family member of a settled person)? So, what kind of status he is eligible for? If it is ROR, will he be dependent on her exercising treaty rights during the period until March 2017 when he will be applying for PR? I am a little bit confused.

Could you please, help! I would really appreciate it.

[Obie]

He or She will be able to qualify under Regulation 10(5).

[Nimitta]

He or She will be able to qualify under Regulation 10(5).

He or She will be able to qualify under Regulation 10(5).

Thank you, Obie, for your fast reply.

So, I understand that the boy receives ROR in his own right after his mother divorces his stepfather. Did I get it right?
And whether he will be able to continue his residence in the UK (and later receive PR) will not depend on his mother right of residence in the UK in any way. So, what will his right be dependent upon then? On his being a student?

[Nimitta]

Still struggling with 10(5) and 10(6)...

(5) A person satisfies the conditions in this paragraph if—
(a)he ceased to be a family member of a qualified person on the termination of the marriage or civil partnership of the qualified person;
(b)he was residing in the United Kingdom in accordance with these Regulations at the date of the termination;

(6) The condition in this paragraph is that the person—
(a)is not an EEA national but would, if he were an EEA national, be a worker, a self-employed person or a self-sufficient person under regulation 6; or
(b)is the family member of a person who falls within paragraph (a).

As 10(5) suggests, an 18-year old son of non-EEA family member would retain his rights to reside in the UK in virtue of being a family member of EEA before his step father divorced his mother. However, 10(6) suggests also that an 18-year old son of non-EEA family member would retain his rights to reside if he is a family member of working/studying non-EEA (his mother).

I think I got it... Practical implementation would be that he receives ROR in virtue of 10(5) and will hold it as long as 10(6) applies, that is, until coming into age three years later. Am I right?

His mom will apply for PR in March. I am not sure why her solicitor told her that for her son to be eligible for PR in 2017 she should be working. On one hand, after PR she does not have to, does she? On the other hand, the line "not an EEA national... as if he were an EEA national" allows for some freedom of interpretation. Say, for being eligible to receive ROR non-EEA has to work (unlike EEA who has wider options such as studying, being a job seeker etc). Why, I wonder...

So, how far this status of "non-EEA citizen with sort of rights of EEA citizen" would allow for stretching the notion of Permanent residence status? Is it still free from immigration restriction (as it should) or for non-EU who retained rights of residence the status of permanent resident is "sort of free of immigration restrictions"? The way I see it, one can argue either way.

[Nimitta]

Could anyone please, help us out? I am not sure why the solicitor told her that after she receives Permanent Residence they will still have to include her payslips/self-assessment into application of her son for Permanent Residence.