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EEA4 PERMANENT RESIDENCE!!! HELP PLEASE!!!

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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RIDIKI
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Joined: Tue Sep 04, 2012 8:58 pm

EEA4 PERMANENT RESIDENCE!!! HELP PLEASE!!!

Post by RIDIKI » Tue Sep 04, 2012 10:55 pm

HI guys!
I came in UK 6 years ago (on 2006) as a
"family member of EEA national, now I am 23.
(first visa I got for 6 months)"
after applied other one as it was due to expire,
AFTER 2 YEARS WAITING HO finally gave me residence card (valid 5 yrs) its due to expire begining of next year, currently working full time as a security guard (over year on this job) I had an appointment with imigration solicitor not long ago, said want to apply permanent residence card after bunch of questions he asked, said u might be refused coz:
I dont live with my parents in same address and I'm DEPENDENT:
I traveled to other country and when I was back to UK this lady asked my age I was 20 due few months to turn 21, she said when u turn 21 u must be working or studing to enter the country coz u become INDEPENDENT and I was travelling ALONE WITHOUT EEA NATIONAL(stepdad)

(my stepdad is from EU he and my mother been married over 7 yrs)
when I got 1&2 visa I was still living with my parents but I moved out 2 yrs ago, live on my own right now but I see my parents few times a week, I've been studing&working for this 6 yrs (I cant prove anything between 2006-2008 coz I was studing ESOL free English classes and they don't give you any prove or sertificate probably that school doesnt even exist anymore and I couldnt work or go to collage coz HO had my passport for those 2 yrs) :(
and I might be refused coz I dont live with my parents in a same roof???
any ideas or maybe some1 was in a similar situation or is there other visa to apply in my case?

Thank you for yor help!!!

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

Post by Obie » Wed Sep 05, 2012 6:40 am

I am not quite sure the adviser is right. According to the information you provided, you are not required to provide evidence of Dependancy until after 2010,which is when you came of age (21). You qualify for PR sometime in 2011, when you would have been in UK in accordance with the EEA regulations for 5 year.

There is an issue with 2010-2011. You said you were studying, in that circumstances,there are provisions under EU law which may be applicable. However you will be required to show evidence for last year. In my opinion,there is no requirement to provide evidence for 2012.
Smooth seas do not make skilful sailors

RIDIKI
Newly Registered
Posts: 7
Joined: Tue Sep 04, 2012 8:58 pm

Post by RIDIKI » Wed Sep 05, 2012 9:39 am

Obie wrote:I am not quite sure the adviser is right. According to the information you provided, you are not required to provide evidence of Dependancy until after 2010,which is when you came of age (21). You qualify for PR sometime in 2011, when you would have been in UK in accordance with the EEA regulations for 5 year.

There is an issue with 2010-2011. You said you were studying, in that circumstances,there are provisions under EU law which may be applicable. However you will be required to show evidence for last year. In my opinion,there is no requirement to provide evidence for 2012.
I was studing from Sep 2008 to April 2009 this is proper college I can prove it, after that I am working.
not sure if I'm dependent that's what my loywer tald me, when I got residence card(the one I have now) idviser didn't said anything that I must be living with my parents etc...he even said when u go travelling u don't need ur EEA national that I can travel alone,
that time I was under 21, coz my mum has differant visa and she can't go travelling without her husband.
this loywer saying something very differant so dont know what to do :( I searched alot couldn't find anything UKBA that says u must be living with ur parents all times... :?

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

Post by Obie » Wed Sep 05, 2012 10:49 am

Like i said there is no requirement to show dependancy up to 2012. According to your situation,you require to show dependancy from 2010-2011 only. There are many ways dependancy can be proven if you are required to.

Have you step dad been exercising treaty rights since you came in to UK in 2006,or is he someone with PR. Are you able to compile evidence of residrnce from 2006-2011, like bank statement or Tenancy agreement or council tax.

These are some of the things you need to start compiling.

Under EU law,there is no requirement that you have to stay with your parents all the time in the same household.

You should try not to worry too much.
Smooth seas do not make skilful sailors

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