Help needed... 5 years in the UK ; permanent residence card

[Niza_carson]

Hi everyone,

I am a full-time student and a non-EEA family member of an EEA national (dependant). My mother and my stepfather (an EEA national) came into the UK in 2007, they were married before 2007. Hence I have been a family member before 2007.

I arrived in the UK in August 2008 with a student visa as it was a hassle to get a family permit in my country and we were advised to get a student visa instead since I could change to a residence card when I arrive in the UK. I received my residence card in July 2009.

This year, 2013, makes 5 years since I have been living in the UK and I would like to apply for a permanent residence card. However, I have read a couple of posts stating that the years of being a student does not count towards the required 5 years. Would my one year student visa (August 2008 - July 2009) count since I was also a family member at that time and would it be safe to apply this August since it would be 5 years I have been living in the UK?

I would be very grateful if I could get someone to reply my questions and if someone knows about other cases like mine and how it went.

Thanks

[Jambo]

How old are you?

Residence rights while under 21 years is obtained automatically even without a residence card.

[Niza_carson]

I am currently 21 years old but dependant on my parents as I am a full time undergraduate... I arrived into the UK as a student at age 16 but I was also a family member at that age and year living with my parents... I got my residence card at age 17... but do not know if the one year with student status counts because I am also a family member at my arrival...

[Jambo]

As you were under 21, it doesn't matter you were also on a student visa. The time counts as your rights are obtained automatically regardless what visa you had or when the RC was issued (and even if you never had one).

Assuming the EEA national (your stepfather) has been exercising treaty rights for the past 5 years, you will be able to obtain confirmation from the HO that you have obtained PR.

[Obie]

I don't have an issue with the fact that you entered with a student visa, however the fact is you are now over 21, and hence, you will need to show you are a dependant family member, to qualify for a Permanent Residence Card. Once you have passed 21, you are required to show you are dependant for your residence to be in accordance with the EEA regulations. This may be overlooked, but it remain the fact that, it is a requirement that is stipulated in the EEA regulation and the directive.

Are you a dependant family member?

Do you still live with mum and step dad, or are you leading an independent life?

[Niza_carson]

Thank you all so much for your reply.

i am currently at university so i do not live at home during school terms but i am dependant on my parents as my parents pays for my rent while in university (full time undergraduate) as my university is in a different town. However when school term ends or every holiday i go back home, so i practically live with my parents as my home address is their house address... i do not have a job, so i am not living an independent life.

[Niza_carson]

Also, i thought "dependant" status mostly counts when you are initially applying for a residence card(which i already have) and the main requirement for a permanent residence card is the 5 years living in the uk and being a family member in that 5 years.

[Niza_carson]

I would be very grateful for a reply

[Niza_carson]

@jambo, yes my stepfather has been exercising treaty right in the UK as he has been working here in the UK since 2007, although I started living with him and my mum in 2008.... Does this mean that he automatically have a PR even though he is an EEA national?

[Jambo]

@jambo, yes my stepfather has been exercising treaty right in the UK as he has been working here in the UK since 2007, although I started living with him and my mum in 2008.... Does this mean that he automatically have a PR even though he is an EEA national?

EEA national can also obtain PR status. If he worked for 5 continuous years, then most likely he has PR status (although in most cases, it doesn't mean much to a EEA national).

From the sounds of it, you should be able to obtain PR confirmation.

[Niza_carson]

@jambo many thanks for your reply