EEA Family permit for dependent child

[Simran2507]

I am an Indian citizen and my age is 25. I'm student and graduated from a reputed university of U.K. I came back to India after completing my degree and a week before my student visa was supposed to expire. Currently I'm living in a rented accommodation in New Delhi and I'm financially dependent on my father as I'm still studying. Apart from studies, I give coaching to financially poor students free of cost who can't afford private coaching.

My father is a EEA national and wishes to settle to U.K. and I want to go with him through the EEA family permit. My father has never been to U.K. before and would face a language barrier too. I plan on completing my MSc there and then look for a job.

Could anybody please tell me if it is possible for me to travel to U.K. with him? I was thinking about using EEA family permit for dependent. I can provide proofs of being financially dependent on my father like bank transactions.

What are the chances of being refused for EEA family permit? Please advise me on this and provide me with some better alternative way.

[noajthan]

I am an Indian citizen and my age is 25. I'm student and graduated from a reputed university of U.K. I came back to India after completing my degree and a week before my student visa was supposed to expire. Currently I'm living in a rented accommodation in New Delhi and I'm financially dependent on my father as I'm still studying.

...

My father is a EEA national and wishes to settle to U.K. and I want to go with him through the EEA family permit.

...


Please advise me on this and provide me with some better alternative way.

What is your father's EEA nationality?

Regarding FP ...

Qualifying as a family member

You must be the EEA citizen’s spouse or civil partner, or related to them (or their spouse or civil partner) as their:

child or grandchild under 21 years old, or dependent child or grandchild of any age

[Simran2507]

He has an italian passport and he lived there for almost 20 years. I have travelled to ITALy twice to meet him with mum and sister. Otherwise he visits us in India every year.

[noajthan]

He has an italian passport and he lived there for almost 20 years. I have travelled to ITALy twice to meet him with mum and sister. Otherwise he visits us in India every year.

Sounds like you are all set.

An Italian can live in UK.
If you can prove dependency you can apply for a FP.

Note: After an initial 3 months your sponsor would be expected to become economically active in one of the recognised categories of qualified person & so begin exercising treaty rights in the UK.

As the dependent family member of an EEA national you may be able to qualify as a Home student in terms of fees (subject to certain residency requirements).
See http://ukcisa.org.uk/International-Stud ... rseas-fees

Good luck.

[Simran2507]

If you can prove dependency you can apply for a FP

Could you please tell me the types of document required?? I know that I need to dependent on my father for accommodation and food. Also is the bank transaction history of last year one year sufficient?

Also I read that, there 2 ways to apply for eea fp. I can apply either from outside the U.K. Or from inside the U.K.

1) from outside the u.k.- everyone knows about this one.
2) from inside the u.k. - if I'm already a holder of another visa like student visa and I'm currently studying in u.k., if i can show dependency on my father and he is a qualified person in u.k., i can directly apply for residence card.

Please if you know about the second way i mentioned, please shed some light on it.

[noajthan]

If you can prove dependency you can apply for a FP

Could you please tell me the types of document required?? I know that I need to dependent on my father for accommodation and food. Also is the bank transaction history of last year one year sufficient?

Also I read that, there 2 ways to apply for eea fp. I can apply either from outside the U.K. Or from inside the U.K.

1) from outside the u.k.- everyone knows about this one.
2) from inside the u.k. - if I'm already a holder of another visa like student visa and I'm currently studying in u.k., if i can show dependency on my father and he is a qualified person in u.k., i can directly apply for residence card.

Please if you know about the second way i mentioned, please shed some light on it.

See https://www.gov.uk/government/uploads/s ... s_v2_0.pdf
- page 17 onwards.

FP can only be obtained from outside UK. Which is where you have stated you are (New Delhi).

If you are now suddenly in UK on a student visa (& not somewhere in Delhi area) you would not be there on the basis of EU rules.
With no EEA sponsor in UK you would not be a dependent & would not qualify for a RC.
You would also not qualify for Home fees at the start of the course (which is when your fee status is established).

[secret.simon]

I would suggest a good read of the guidance notes on Direct family members of European Economic Area (EEA) nationals, particularly pages 17-18 on how to prove dependency.

To begin with, your EEA citizen father should already be in the UK and should be exercising treaty rights. You have mentioned that he will face a language barrier. Will he exercise his treaty rights by working or by self-sufficiency? If the latter, he must have Comprehensive Sickness Insurance to be considered as exercising treaty rights.

I believe that the document that you wish to apply for is the Residence Card that allows you to live in the UK for five years and work and study, whereas the Family Permit is more akin to a six month visit visa.

As regards Home fees, I doubt you would qualify, in England atleast. You must have been ordinarily resident in the EEA and/or Switzerland and/or the overseas territories for the three years before the first day of the first academic year of the course.

EDIT: Written in parallel with noajthan's response.

[Simran2507]

FP can only be obtained from outside UK. Which is where you have stated you are (New Delhi).

Please have a look at this. It shows a way from inside the U.K.

http://www.hr.admin.cam.ac.uk/hr-servic ... sresidence

If you are now suddenly in UK on a student visa (& not somewhere in Delhi area) you would not be there on the basis of EU rules.
With no EEA sponsor in UK you would not be a dependent & would not qualify for a RC.

No, I'm in New Delhi at the moment and would be taking some exams for professional qualifications in coming 6 months. So, for next 6 months I have no plans for even applying for eea family permit, and yes, the home fees will be big relief.

I mentioned about applying from inside the u.k. because I was thinking the other day that if I apply for eea fp through my dad and my application get rejected then there is a huge chance that u.k. embassy would reject my application for student visa for MSc too ( in case I decide to apply for student visa after they reject my application for eea fp). I am just scared of this thing as that would mean no MSc.

[noajthan]

FP can only be obtained from outside UK. Which is where you have stated you are (New Delhi).

Please have a look at this. It shows a way from inside the U.K.

http://www.hr.admin.cam.ac.uk/hr-servic ... sresidence

If you are now suddenly in UK on a student visa (& not somewhere in Delhi area) you would not be there on the basis of EU rules.
With no EEA sponsor in UK you would not be a dependent & would not qualify for a RC.

No, I'm in New Delhi at the moment and would be taking some exams for professional qualifications in coming 6 months. So, for next 6 months I have no plans for even applying for eea family permit, and yes, the home fees will be big relief.

I mentioned about applying from inside the u.k. because I was thinking the other day that if I apply for eea fp through my dad and my application get rejected then there is a huge chance that u.k. embassy would reject my application for student visa for MSc too ( in case I decide to apply for student visa after they reject my application for eea fp). I am just scared of this thing as that would mean no MSc.

You are jumbling FPs & RCs.
To apply from inside UK you would need to enter UK first, either on a visa (under UK Immigration Rules) or using a FP (under EU rules) if entering with sponsor.

You need to decide on your route.

Note the residency requirements for qualifying for higher education Home fees even if taking the more favourable EU route.

I don't understand you making a connection between a FP (no need to mention education) and a Tier 4 visa.
Whichever route you adopt you simply apply as per the rules, you are assessed by the rules, you succeed (or face refusal) as per the rules.

For EU route to succeed how is your father planning to exercise treaty rights as a qualified person?
Have you adequate evidence of prior & ongoing dependency?
All of that needs organising and is unlikely to happen overnight.

[Simran2507]

Re: EEA Family permit for dependent child
Post by secret.simon » Mon Sep 28, 2015 12:19 am

I would suggest a good read of the guidance notes on Direct family members of European Economic Area (EEA) nationals, particularly pages 17-18 on how to prove dependency.

To begin with, your EEA citizen father should already be in the UK and should be exercising treaty rights. You have mentioned that he will face a language barrier. Will he exercise his treaty rights by working or by self-sufficiency? If the latter, he must have Comprehensive Sickness Insurance to be considered as exercising treaty rights.

I believe that the document that you wish to apply for is the Residence Card that allows you to live in the UK for five years and work and study, whereas the Family Permit is more akin to a six month visit visa.

As regards Home fees, I doubt you would qualify, in England atleast. You must have been ordinarily resident in the EEA and/or Switzerland and/or the overseas territories for the three years before the first day of the first academic year of the course.

EDIT: Written in parallel with noajthan's response.

Thank you for your reply. I went through the first half of the document pdf. I have decided to prove dependency by showing
1) one year of bank statement of my account where my father sends me money regularly. There is no other source of income for me, so I think that would be sufficient.
2) Apart from that, I will provide my PAN card number (equivalent to National Insurance Number of U.K.), they would see from that I have never worked in India and I have no income.
3) I will provide bank statement for transactions for rent/accommodation and utilities through the same account.
4) I can provide the bank statement of natwest bank account, where my father used to send me the money for living expense ( the tuition fee was paid by some loan).
5) Lastly, I have give proof of the study and exams I am taking and also the job interviews I am giving.

I hope this will suffice to prove my dependency.

To begin with, your EEA citizen father should already be in the UK and should be exercising treaty rights.

My father has never been to U.K., so I doubt about the above point you have mentioned. I was planning to travel with him in his first visit. So, if he has never been to U.K. and I don't think he need to exercise his treaty rights and show he is 'qualified person'. Please see this link.

https://www.gov.uk/family-permit/eligibility

On having a second thought and going through the page 17 of the document you have mentioned, I am in doubt and find these lines contradictory to the above document.
Below are the lines from page 17 :

Where dependency is necessary, the family member does not need to be living or have livedin an EEA state where the EEA national sponsor also lives or has lived. Their dependency on the EEA national sponsor does not need to have existed before they came to the UK.

What does it trying to say??

Yes, he will be exercising his treaty rights. He has couple of friends there in U.K. and they will easily help him to land a job. Also, I made a couple of good friends there, they can get him a good job. It's not a big issue.

Also, what are your views about applying from inside the U.K.?? please see the link.

http://www.hr.admin.cam.ac.uk/hr-servic ... sresidence

and about the MSc fees, I think I would get some scholarship anyways, so I am not worried about it at the moment.

Thank you in advance.

[Simran2507]

My apologies for getting confused and confusing you as well. That wasn't my intention at all. I went through so many documents in last couple of days, seems like i couldn't put it in words.

I think i will choose the EU route.

My father is planning to exercise treaty rights as a qualified person by working there. He has couple of friends there and he will easily get some work.

Have you adequate evidence of prior & ongoing dependency?
All of that needs organising and is unlikely to happen overnight.

I have decided to prove dependency by showing
1) one year of bank statement of my account where my father sends me money regularly. There is no other source of income for me, so I think that would be sufficient.
2) Apart from that, I will provide my PAN card number (equivalent to National Insurance Number of U.K.), they would see from that I have never worked in India and I have no income.
3) I will provide bank statement for transactions for rent/accommodation and utilities through the same account.
4) I can provide the bank statement of natwest bank account, where my father used to send me the money for living expense ( the tuition fee was paid by some loan).
5) Lastly, I have give proof of the study and exams I am taking and also the job interviews I am giving.

I hope this will suffice to prove my on going dependency.

Also, could you please tell me how long of prior dependency i need to show?

Yes, I'm trying to gather all the current and past evidence.