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EEA family permit (living separately applying for ILR)

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kashifkhan06
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Posts: 3
Joined: Sat Sep 05, 2009 5:50 am

EEA family permit (living separately applying for ILR)

Post by kashifkhan06 » Sat Sep 05, 2009 6:08 am

Basically i am an EEA dependant, my dad is a belgium national and he called the rest of the family from back home (pakistan).

i had my first visa in august 2004 for 1 year, then it was extended for 2 years from home office (crydon) till august 2007 and now i have my visa for further 5 years expiring in december 2012.

i am 20 years old, i have been in this country for continued 5 years and i have been in full time education since i have been in this country. i am stil studying and doing pat time job.

basically i want to apply for ILR but the problem is that i have left my family because of some family problems and i can't provide any supporting documents from my sponsor so i want to know if i can apply for ILR on my own for example as a student except right to treaty catagory

i would be thakful if any one could give me some information regarding my visa.

Thanks

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Sat Sep 05, 2009 12:19 pm

I don't think you can - as you are no longer dependant on your father in my opinion you have no valid leave to remain.

Wait for others tho...
An chéad stad eile Stáisiún Uí Chonghaile....

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sat Sep 05, 2009 1:00 pm

I am assuming you entered the UK in the capacity of Dependent family member of an EEA national-ie your dad. In which case, you qualify for permanent resident sometime in 2009 , when you have lived in the UK for 5 years. Have you got evidence that up to 2009, you were living with your father and that he was exercising treaty rights in the UK.

If you do, then you qualify for PR as of now.

Also, if you are in education, their is a clause that forbids member state from deporting you, so in any case, you will be alright.
Smooth seas do not make skilful sailors

kashifkhan06
Newly Registered
Posts: 3
Joined: Sat Sep 05, 2009 5:50 am

Post by kashifkhan06 » Sat Sep 05, 2009 8:23 pm

basically i left my home because of force merriage and in hurry i could not pick up my dad's documents , i can get a latter from council stating that i have been living with my dad for the past five years.

i called home office many times and they say either i can apply through my dad or i have to apply as a student under europeon law.

do u have any idea how to apply under europeon law and what documents do they ask for

i will wait for ur reply thanx

(sorry guys i am using my brothers id)

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sat Sep 05, 2009 9:13 pm

If you were induced, against you wishes, into an arranged or forced marriage, you may qualify for Retention of Resident under EU law. I think that could be considered as domestic violence, but the burden of proof is too high to meet that criteria, therefore you will be better off using the student route.

There are no forms available, you just have to provide the following documents with explanition.
5.13 Making an application for a residence card where a non-EEA national child
retains a right of residence
Where a child makes an application to remain in the UK in accordance with the
provisions set out above the following documentation is required:
• child’s passport;
• evidence that the child was the family member of an EEA national who was
exercising Treaty rights in the UK:
• residence card; or
• birth certificate or evidence of dependency if the child if over 21, EEA
national’s P60’s, wage slips, accountant’s letter etc;
• evidence that the child is attending education in the UK e.g. a letter from the
child’s school; and
• evidence that the child was being educated in the UK prior to the EEA
national leaving the UK or dying; and
• confirmation that the EEA national has left the UK or died.
A residence card should normally be issued with a validity of 5 years, unless the child is
nearing completion of his/her studies. In this case we can limit the validity of the
residence card.
A residence card that is issued in accordance with these provisions should be revoked
in accordance with Regulation 20(2) of the 2006 Regulations if the child no longer fulfils
the conditions set out in paragraph 5.12. For instance, if the child leaves school.


Alternatively you can apply for permanent resident if you meet the following criteria on form EEA 4

The following documents must be supplied by a non-EEA national family member of
an EEA national who is applying for a permanent residence card under Regulation
15(1)(b) of the 2006 Regulations having completed 5 years residency:
• A valid passport
• Proof that s/he was a family member of an EEA national during the 5 year
period
• Documentation confirming that s/he has resided in the UK with the EEA
national in accordance with the 2006 Regulations for a continuous period of 5
years; this requires confirmation that during this period the EEA national was
residing in the UK in accordance with the Regulations .
Smooth seas do not make skilful sailors

kashifkhan06
Newly Registered
Posts: 3
Joined: Sat Sep 05, 2009 5:50 am

Post by kashifkhan06 » Sun Sep 06, 2009 12:03 am

hi

thanx for ur reply
i think i would go with the alternative
i jus dont understand the last two bullet points
i will have to send my passport and
what do u mean like how can i prove that i have been with my dad for last 5 years if i don't have any documents
just tell me what type of documents you are on about.

im waiting
thanks

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