EEA Permanent Residence which route?

[lewisferreira]

Hi all,

This is my first time on the forum and hope you can help me with my confusion over EEA permanent residence application. Unfortunately I haven't posted before helping out with queries but I hope I can in future.

I'm 23 years old, a Portuguese national and entered the UK in approximately 2004, I was 11 years old. To my understanding I should have automatically gained permanent residence in 2009 or 2010 at the latest.

My question is: should I apply in my own right? or as an extended family member of an EU citizen as I was still a minor when I first migrated?

Also If I do apply in my own right will only the last 5 years be considered? I have been working and in full time education since 2014 and planning to progress to university this year.

However I was unemployed in 2012 to 2013 (supported by my parents) while I attended college part time to improve on my high school grades. I worry I would not be a 'qualified person' even though I've been resident in the UK for 12 years, attended high school here and essentially grew up here.

If it would help: My mum was a non EEA citizen and acquired british citizenship last year, My dad is also Portuguese and has been working full time since we came to the UK 2004 in fact he's close to retiring.

Thank you for your time would really appreciate any help on this matter

[noajthan]

Hi all,

This is my first time on the forum and hope you can help me with my confusion over EEA permanent residence application. Unfortunately I haven't posted before helping out with queries but I hope I can in future.

I'm 23 years old, a Portuguese national and entered the UK in approximately 2004, I was 11 years old. To my understanding I should have automatically gained permanent residence in 2009 or 2010 at the latest.

My question is: should I apply in my own right? or as an extended family member of an EU citizen as I was still a minor when I first migrated?

Also If I do apply in my own right will only the last 5 years be considered? I have been working and in full time education since 2014 and planning to progress to university this year.

However I was unemployed in 2012 to 2013 (supported by my parents) while I attended college part time to improve on my high school grades. I worry I would not be a 'qualified person' even though I've been resident in the UK for 12 years, attended high school here and essentially grew up here.

If it would help: My mum was a non EEA citizen and acquired british citizenship last year, My dad is also Portuguese and has been working full time since we came to the UK 2004 in fact he's close to retiring.

Thank you for your time would really appreciate any help on this matter

You're on right track.

Your father is your sponsor as he is EEA national.
You are his direct family member dependent (not extended family member).

Note This is only the case if he is only Portugese ie not British too.

Was father exercising treaty rights (eg working) from any 5-year period since 2004?
You will need adequate documentary supporting status as per the PR form guidance.

See https://www.gov.uk/government/publicati ... orm-eea-pr

If you apply in own right any 5-year period when you were exercising treaty rights continuously as a qualified person could be considered.
But your best bet may be the earlier years (as dependent).

Good luck.