VERY WORRIED FAMILY MEMBER OF THE EEA

[magata]

A friend of mine has the following case, and I was hoping if could you share some of your knowledge.


The lady who is a non-EEA national is married to an EEA, had her first residence permit endorsement stamped on her passport in May 2004 and expires in May 2009. Then, in July 2005 her son of 7 years old at the time came to UK with a 6 months entry clearence given in her country. After 6 months in January 2006 an application was made for a residence permit for her son and was granted in April 2006 with the same expire date as shown in her mother residence permit endorsement her mother May 2009.


Assuming that she is entitled to apply for PR in May 2009. Can she include her son in the EEA4 application bearing in mine that he would not have completed his 5 years until July 2010?


Does he need to apply separately for an extention of his resident permit as to avoid being overstayer?


Many thanks in advance for your kind assistance

magata

[maaz]

hi magata
in ur friends case her son would b eligible for da PR at the same time wen her mother get PR regardless her son,s late stamp for his residence permit.
but they better get an advice from a solictor later on.

[Directive/2004/38/EC]

Are the EU husband and the non EU mother and non EU son living in the UK?

The permanent residence comes automatically after she has been in the member state for 5 years. I think it would be the same for the child.

She can, if she wants apply for the "permanent residence card". Might as well send in the application for the child at the same time. Worst case is they will send it back and tell her to reapply a few months later.

Does he need to apply separately for an extention of his resident permit as to avoid being overstayer?

Tell her to breath deeply and relax. As long as her EU spouse is working or studying, she has the right to stay for the full 5 years, residence card or no residence card. And after 5 years, the right to stay becomes pretty much unconditional.

[magata]

Maaz/Directive/2004/38/EC,


Thanks very much guys for your informative and concise response, I wll pass on this information to my friend


Kind regards