Hello, I want to apply for indefinite leave to remain..?

[Swadesh]

Hello, the form we filled in 2007 was EEA2 for me, my brother and my mother. However, my dad's form was EEA4.

Regards
Swadesh

EEA4 is the form used for permanent residence cards for non european national family members of EEA nationals. It doesn't make sense that your father would complete this form. Are you sure he didn't complete the EEA3 form? Does your father have a permanent residence document/stamp in his passport?

Have you asked your parents why you only applied for a further residence card and not confirmation of permanent residence in 2007?

This is because, my dad consulted to solicitor and the form was filled with his guidance.

I wasn't very old enough to understand mistakes my dad made then.

@ My dad, yes he has Blue folded document, and its in the banks locker at the moment.

[Greenie]

Hello, the form we filled in 2007 was EEA2 for me, my brother and my mother. However, my dad's form was EEA4.

Regards
Swadesh

EEA4 is the form used for permanent residence cards for non european national family members of EEA nationals. It doesn't make sense that your father would complete this form. Are you sure he didn't complete the EEA3 form? Does your father have a permanent residence document/stamp in his passport?

Have you asked your parents why you only applied for a further residence card and not confirmation of permanent residence in 2007?

This is because, my dad consulted to solicitor and the form was filled with his guidance.

I wasn't very old enough to understand mistakes my dad made then.

@ My dad, yes he has permanent Residence document.

i think you need to apply for confirmation that you have PR on form EEA4. If you father r'd confirmation that he had acquired PR in 2007 and you have remained in the UK as his dependent since then, it seems clear that you are very likely to have acquired PR yourself. Having confirmation that you have PR will make things a lot easier for you.

[Swadesh]

Hello, the form we filled in 2007 was EEA2 for me, my brother and my mother. However, my dad's form was EEA4.

Regards
Swadesh

EEA4 is the form used for permanent residence cards for non european national family members of EEA nationals. It doesn't make sense that your father would complete this form. Are you sure he didn't complete the EEA3 form? Does your father have a permanent residence document/stamp in his passport?

Have you asked your parents why you only applied for a further residence card and not confirmation of permanent residence in 2007?

This is because, my dad consulted to solicitor and the form was filled with his guidance.

I wasn't very old enough to understand mistakes my dad made then.

@ My dad, yes he has permanent Residence document.

i think you need to apply for confirmation that you have PR on form EEA4. If you father r'd confirmation that he had acquired PR in 2007 and you have remained in the UK as his dependent since then, it seems clear that you are very likely to have acquired PR yourself. Having confirmation that you have PR will make things a lot easier for you.

Greenie : its a blue thick paper document which folds, just like the leaflet.

[Directive/2004/38/EC]

Greenie : its a blue thick paper document which folds, just like the leaflet.

Is this the PR Card issued to your dad?

I agree that you should go ahead and apply for a PR card for yourself. It will simplify things. It is a pretty straight forward application, and you should not need a lawyer.

[Swadesh]

Greenie : its a blue thick paper document which folds, just like the leaflet.

Is this the PR Card issued to your dad?

Yes My Dad

[Swadesh]

Greenie : its a blue thick paper document which folds, just like the leaflet.

Is this the PR Card issued to your dad?

I agree that you should go ahead and apply for a PR card for yourself. It will simplify things. It is a pretty straight forward application, and you should not need a lawyer.

Hello, Can I do my mum's and mines together ?

and from the requirement would I need to send my Dad's passport also?

Regards
Swadesh

[Directive/2004/38/EC]

So you need to do an EEA4.
http://www.ukba.homeoffice.gov.uk/sitec ... /eea41.pdf

http://www.ukba.homeoffice.gov.uk/eucit ... /applying/ has more info.

Look carefully through the documents the EEA4 form asks for. You may well be able to just supply your dad's PR card and then proof of your residence, though I have not looked through that on the form myself (that is your job!)

What citizenship(s) has your mom?

[Swadesh]

So you need to do an EEA4.
http://www.ukba.homeoffice.gov.uk/sitec ... /eea41.pdf

http://www.ukba.homeoffice.gov.uk/eucit ... /applying/ has more info.

Look carefully through the documents the EEA4 form asks for. You may well be able to just supply your dad's PR card and then proof of your residence, though I have not looked through that on the form myself (that is your job!)

What citizenship(s) has your mom?

and when you mean "Proof of your Residence", you mean my passport right.

For mum: Same as me...

Regards
Swadesh

[Directive/2004/38/EC]

and when you mean "Proof of your Residence", you mean my passport right.

You need to read through the forms my friend! I still have not had the coffee I was hoping for yesterday, and I am not going to read them for you.

Your mom would need to do the same application. In fact I would suggest you do them together and send them off in the same envelope, as the supporting documents and evidence will likely be the same for each application.

[Jambo]

I suggest you get your dad's blue card from the bank safe and check what the sticker says. Most likely this is a Confirmation of Permanent Residence. In that case, your application should be quite straight forward.

You will need to provide evidence that your father has been living in the UK since the card was issued (for example utility bills, bank statements). You will need to provide your father passport + blue card.
For your mother, you will need to provide her passport, marriage certificate and proof she has been living in the UK for the past 5 years (for example utility bills, payslips, bank statements or letter from her GP).
For yourself and your brothers, you will need to provide passport, birth certificate (to show your connection to your father) and proof you have been living in the UK for the past 5 years (as I assume you don't have utility bills under your name, than a letter from the school confirming attendance for the past 5 years is good enough).

As advised already, read the EEA4 form carefully and make sure you provide the relevant evidence. The form covers many different cases and you just need to fill in the parts relevant to your case and provide the supporting documents. The application is free and there is no need to use a solicitor for it. Feel free to ask if something on the form is not clear.

Good luck!

[Swadesh]

I suggest you get your dad's blue card from the bank safe and check what the sticker says. Most likely this is a Confirmation of Permanent Residence. In that case, your application should be quite straight forward.

You will need to provide evidence that your father has been living in the UK since the card was issued (for example utility bills, bank statements). You will need to provide your father passport + blue card.
For your mother, you will need to provide her passport, marriage certificate and proof she has been living in the UK for the past 5 years (for example utility bills, payslips, bank statements or letter from her GP).
For yourself and your brothers, you will need to provide passport, birth certificate (to show your connection to your father) and proof you have been living in the UK for the past 5 years (as I assume you don't have utility bills under your name, than a letter from the school confirming attendance for the past 5 years is good enough).

As advised already, read the EEA4 form carefully and make sure you provide the relevant evidence. The form covers many different cases and you just need to fill in the parts relevant to your case and provide the supporting documents. The application is free and there is no need to use a solicitor for it. Feel free to ask if something on the form is not clear.

Good luck!

Thanks Jambo and everyone...

[nonspecifics]

A residence card in itself does not prove you are entitled to student funding.

Re: student funding. Here in Scotland and I suppose elsewhere in the UK to be regarded as a home student, there is a three year residence rule for the student applicant and there are further rules regarding how EU students are regarded for course fee payments. ( Seems they are planning to tighten those rules further as I speak).

If the student is from a non-EEA country they would be treated as a foreign overseas student and charged full course fees and more, but if they can prove they should be treated as an EEA student ( because they have parasitic EEA rights as the family member of an EEA national who is a qualified person by exercising Treaty Rights or PR, then they could be then regarded as EEA.

Thus, the EEA national sponsor's status in the country and residence time is important too, cos the non-EEA's rights are dependent on him.

[John]

A residence card in itself only proves that you are entitled to be resident in the UK.

Well no, it does not just do that. It also proves the right to work, etc..

[nonspecifics]

They have brought out new EEA4 forms June 2011.

Legal advice I read said that if the EEA sponsor already has PR then for the non-EEA family member to receive proof certifying their PR, then:

1. Show the proof of EEA sponsors passport

2. Show the proof of PR of the EEA sponsor.

3. Prove the EEA sponsor has remained in the UK for the five years of residence that the non-EEA is claiming PR for - unless they died or left which has slightly different rules. ( documents like bank statements, letters, bills etc).

4. Prove you, the non-EEA family member, have been in the UK for those five years too.)

As a Permanent Resident is automatically a Qualified Person, they are exempt under Article 16 of the 2004/38 Directive from the requirement to prove the exercising of Treaty Rights.

Thus, No further evidence about exercising Treaty Rights or sickness insurance etc is required if the PR of the EEA sponsor was acquired before the start date of the five years that the non-EEA family member is stating as the five years he lived in the UK for his claim of PR too.

But read the new EEA4 form, they make it sound much more complicated and difficult than that. I am sure that is deliberate.

[Swadesh]

Thus, No further evidence about exercising Treaty Rights or sickness insurance etc is required if the PR of the EEA sponsor was acquired before the start date of the five years that the non-EEA family member is stating as the five years he lived in the UK for his claim of PR too.

Can you explain this point more ... | My dad acquired PR in 2007, and I have been here since 2002. and if you read previous posts I said that my dad has been high diabetic person since 2003 = 8 years.

status in the country and residence time is important too

My dad was working before and he has been in this country since 1995 = 16 years.

Regards
Swadesh

[nonspecifics]

Basically, as your father is an EEA national with permanent residence (PR) your father has already proved that he exercised at least five continuous years of Treaty Rights as a worker (or former worker who became sick), so they gave him a document certifying that PR in 2007.

As the non-EEA family member you need to prove five years continuous residence, which is usually easiest starting from the nearest date: so for example your five years continuous residence is:

July 2011 back to July 2006 = five continuous years UK residence. Though you can pick whichever five years suits you best ( most evidence of UK residency).

So, you will also need to prove your father was also resident in the UK from July 2011 back to July 2006 or probably only back to 2007 when he got the document certifying PR had been acquired.

You will also need his passport and your passport and the document which proves that he has PR. You will also need to prove your family relationship ( your birth certificate).

That's the advice I read on before online and it's also what the "European Commission's Your Europe Advice" legal advisers told me too.

If you want, you can write to them and ask them to confirm if what I have written here is legally correct.

The site is here: http://ec.europa.eu/citizensrights/fron ... dex_en.htm

All the other stuff on the EEA4 form about exercising Treaty Rights: Comprehensive Sickness Insurance, proof of employment, earnings and proof of savings of the EEA national and the many other things they ask for should not apply, cos your father already went through all that to get his PR and he should not have to do that again, according to the 2004 Directive Article 16.

If I've made any mistakes in this, I am sure some of the others will correct me ( Thanks for the corrections.)

[nonspecifics]

Thanks for correcting my misleading statement where I said a Residence card only proves you are legally resident in the UK.

Of course, it also also proof of the right to work in the UK etc.

What I had in mind is that a residence card - by itself - does not mean you are automatically entitled to treated as an EEA national for the purposes of student fees / grants/ loans . It is more complicated than that.

Furthermore, even if you are a UK or EU national there are rules on length of residence in the country of study (or qualifying equivalent place) before you qualify for certain tuition fee payments / student loans etc.

[Directive/2004/38/EC]

As the non-EEA family member you need to prove five years continuous residence, which is usually easiest starting from the nearest date: so for example your five years continuous residence is:

July 2011 back to July 2006 = five continuous years UK residence. Though you can pick whichever five years suits you best ( most evidence of UK residency).

The OP and his family members (mom, brothers, ...) may want to apply for British citizenship. For the purposes of that, it is best to show residence in the UK from July 2005 (or earlier) until July 2010. Then the required one year of residence after they got PR would be the year starting July 2010 and ending now.

[Swadesh]

As the non-EEA family member you need to prove five years continuous residence, which is usually easiest starting from the nearest date: so for example your five years continuous residence is:

July 2011 back to July 2006 = five continuous years UK residence. Though you can pick whichever five years suits you best ( most evidence of UK residency).

The OP and his family members (mom, brothers, ...) may want to apply for British citizenship. For the purposes of that, it is best to show residence in the UK from July 2005 (or earlier) until July 2010. Then the required one year of residence after they got PR would be the year starting July 2010 and ending now.

Thanks Will apply as soon as SFE tells me a decision.

Regards
Swadesh

[Directive/2004/38/EC]

You may find this guide to studying within Europe helpful. As you are the family member of a Portuguese citizen, and in fact also (likely) a PR, it applies to you too!

http://eumovement.wordpress.com/2010/09 ... ber-state/

[nonspecifics]

Regarding temporary illness of a worker. How long is temporary?

I read one appeal where the appellant ( the home office) lost their appeal case and the basis of the Home office's argument was that cos the respondent had been ill for several years, they were not a worker, they were an unreasonable burden. So legal arguments focused on whether their illness was temporary or permanent. As workers are allowed temporary illness.

The respondent's smart lawyer showed the appeal the definition of temporary in the dictionary: not permanent.

Here is the case:

http://ergensharif.wordpress.com/2011/0 ... e-to-work/

[Swadesh]

Regarding temporary illness of a worker. How long is temporary?

I read one appeal where the appellant ( the home office) lost their appeal case and the basis of the Home office's argument was that cos the respondent had been ill for several years, they were not a worker, they were an unreasonable burden. So legal arguments focused on whether their illness was temporary or permanent. As workers are allowed temporary illness.

The respondent's smart lawyer showed the appeal the definition of temporary in the dictionary: not permanent.

Here is the case:

http://ergensharif.wordpress.com/2011/0 ... e-to-work/

Hello, Dont get this post ...

Regards
Swadesh

[nonspecifics]

"Directive/2004/38/EC wrote:
You came in 2002. Your dad was working until 2003 and then has been sick (but would retain his residence rights in any case).


Directive/2004/38/EC, can I ask your opinion on this? I notice that Article 7.3(a) of the Directive includes the word "temporary", as in :-

Quote:
he/she is temporarily unable to work as the result of an illness or accident


Do you consider that a problem? After all 2003 is now 8 years ago I thought it might be of interest to point out that just because someone has suffered health problems it does not automatically mean they lose all their Treaty Rights as a worker."

To add to the above discussion, I am explaining in a previous case that: The EEA national had worked in the UK but then was ill for several years.

UKBA said the EEA national was not exercising Treaty Rights because a worker can only be ill for a temporary amount of time.

The worker had been ill for something like two or three years, but the EEA national's lawyer proved two or three years can be considered as temporary according to the 2004 Directive.

Temporary means not permanent, so if there was a chance the ill person can get well enough to work at some time in the future, then they are temporarily sick.

[Swadesh]

Latest on SFE:

Hello, I got a letter saying that I need to provide my dad's employment contract letter, last 3 months payslips and p60 from 2010 to 2011. However, he doesn't work for last 8 years.

After the letter, I called Student Finance England and explained the situation and why I can't provide the following documents. Someone, from SFE call line told me that I will need to send my dad's Indefinite Leave to Remain documentation.

My dad has the following card which has been given by the Home Office.

"UK Residence Documentation For A National of An EEA State" - Card

Is this the documentation I need to send them ? and is it ILR.

Regards
Thanks For All The Help

[Jambo]

Sounds right. Is there a sticker inside?
Does it say "Document Certifying Permanent Residence" ? If not, what does it say and when was it issued?

There is no ILR for EEA nationals but the equivalent status is PR - Permanent Residence.