Permanent Residence Application help - Am I okay to apply?

[LucyCO]

Hello,

I'm hoping you can help me with my question regarding Permanent Residency Card.

I moved to England 12 years ago (2004), when I was 13, and would like yo apply for Permanent Residency. I'm a EEA national.

I attended a secondary school, Sixth Form and then I did a pre-university 1 year long Foundation course. I then continued my education at university (when I was 21-23 years of age (2010)). Unfortunately, I did not have CSI and was not aware of it - I spent half of my life in the UK (as a child and young adult), but unfortunately, I didn't know that I needed to get insurance whilst at university. (all of the above attended in England and taught in English)

I lived with my mother (EEA national), who has been a Permanent Resident Card holder for around 8 years now, and I was financially dependent on her during university and of course before that. I've been working for 3 years now - since my graduation.

Would it be still possible for me to apply for a Permanent Residence card?
Have I acquired automatic residency from my mother before my university studies? Or am I able to use my mother as a sponsor for my university period when applying?

I would greatly appreciate any help! Thank you

[noajthan]

Hello,

I'm hoping you can help me with my question regarding Permanent Residency Card.

I moved to England 12 years ago (2004), when I was 13, and would like yo apply for Permanent Residency. I'm a EEA national.
...

Would it be still possible for me to apply for a Permanent Residence card?
Have I acquired automatic residency from my mother before my university studies? Or am I able to use my mother as a sponsor for my university period when applying?

I would greatly appreciate any help! Thank you

Don't worry, I think you've smashed it.
And don't beat yourself up over CSI, you're not the first and you won't be that last to overlook it.

It sounds like your mom can be your sponsor especially if she has a DCPR.
Just choose a 5 year period when you were both in UK, mom had PR status (for as much of that 5 years as possible) and you were under 21.

So how about 2007-2012?
I think mom had her PR card by 2008. And if you're around 25 now you should have been just under 21 in 2012.
Its much easier if you were under 21.
(This assumes neither of you enjoyed any prolonged absences from UK).
Does that compute

Next steps
Suggest check the PR guidance.
Collate your documentary supporting evidence.
Have a dryrun at filling out the PR form (you as main applicant; mom as sponsor).
See how it shapes up.

Pro tip: if you have any siblings, don't let mom naturalise before she has finished sponsoring them for PR.
Reason: she can't sponsor any more family members once she becomes British; (that's UK law even before any Brexit).

[LucyCO]

Hi

Thank you for your reply!
She definitely has documents for her permanent residency.
We were both in the UK since 2004 (lived together until 2014)

All sounds excellent, thanks!

I do, however, have to ask my mum for the exact issue date of her PR.
I know that she got it a very long time ago.
But worst case scenario: she got her PR Card in 2010 - taking 2010-2015 I would have been 25, would i still be able to use her as my sponsor if over 21?


This might sound like a silly question, but do I provide all of the above information in Section 13 Dependent family member (child,grandchild, parent, grandparent)?
One of the qs: How long have you been dependent on your sponsor? Do I provide 2004 - 2013 (2013 being a year I started working)?


Thanks for the pro tip!

[noajthan]

Hi

Thank you for your reply!
She definitely has documents for her permanent residency.
We were both in the UK since 2004 (lived together until 2014)

All sounds excellent, thanks!

I do, however, have to ask my mum for the exact issue date of her PR.
I know that she got it a very long time ago.
But worst case scenario: she got her PR Card in 2010 - taking 2010-2015 I would have been 25, would i still be able to use her as my sponsor if over 21?

This might sound like a silly question, but do I provide all of the above information in Section 13 Dependent family member (child,grandchild, parent, grandparent)?
One of the qs: How long have you been dependent on your sponsor? Do I provide 2004 - 2013 (2013 being a year I started working)?

Thanks for the pro tip!

If over 21 you need to prove financial dependency on your sponsor.
(Age under 21 and you do not).
That's why I was nudging you to those carefree days when you were under 21.

You would fill in section 12 I think - for the time up to age 21.
Also section 13 - just for period age 21+.

As well as filling in the main applicant part. (Mom goes in as sponsor, section 2).

Once working in own right you can switch to apply in the 'worker' category.

Note its not a legal requirement to use the form. You could be hardcore and apply by letter.
But assuming you use the current form, (or an earlier form), to give your application some structure, my point is, as the form is not a legal requirement, there's not really a right or wrong way way to fill it in.

And if you need to, you can include a cogent cover letter to help explain your case and show which is your qualifying period.

The form will be fiddly so have a few dryruns to get all the info in sensible places.

Regarding supporting evidence, if you apply for a period before mom got her PR card (say 2004-2009) it would be prudent to send all her documentary evidence of exercising treaty rights again (so that there's no dispute that sponsor had acquired PR, even in a period before card was issued).

[LucyCO]

If over 21 you need to prove financial dependency on your sponsor.
(Age under 21 and you do not).
That's why I was nudging you to those carefree days when you were under 21.

Thank you, understood!

You would fill in section 12 I think - for the time up to age 21.
Also section 13 - just for period age 21+.

As well as filling in the main applicant part. (Mom goes in as sponsor, section 2).

Once working in own right you can switch to apply in the 'worker' category.

I will use section 12 for 2004-2012, including supporting evidence that my mum exercised her treaty right between 2004-2010 and her PR card for years 2010 onwards (she found her card today and confirmed it was issued in 2010). I will also include school letters and certificates for myself. Is this okay?

- Do I have to include a birth certificate?

I will then complete section 13 for years 2012-2013 when I was over 21, dependant on my mother, studying.
I will provide university letters/certificates, and anything else I can find for this period.
For my mother/sponsor, is her PR card okay for this section or do I still have to provide her p60s for this period?

For the two above, do I have to provide evidence that we lived together?
It will be more difficult as she paid all the bills, but I will be able to find official letters confirming my address including bank statements. Is this okay?

For years 2013- 2016 I will provide evidence of full time work, p45, p60s, payslips, letters of employment, bills in my name.

Note its not a legal requirement to use the form. You could be hardcore and apply by letter.
But assuming you use the current form, (or an earlier form), to give your application some structure, my point is, as the form is not a legal requirement, there's not really a right or wrong way way to fill it in.

And if you need to, you can include a cogent cover letter to help explain your case and show which is your qualifying period.

The form will be fiddly so have a few dryruns to get all the info in sensible places.

I will definitely include a cover letter, thank you!


Would you be able to help me with this question?
Did I automatically gain pr status from my EEA mother exercising her treaty right when I was under 21? To apply for citizenship, would I have to wait 12 moths from the issue date of my pr card (that is if I get one, fingers crossed) to apply for citizenship?

Thank you for your help

[noajthan]

If over 21 you need to prove financial dependency on your sponsor.
(Age under 21 and you do not).
That's why I was nudging you to those carefree days when you were under 21.

Thank you, understood!

You would fill in section 12 I think - for the time up to age 21.
Also section 13 - just for period age 21+.

As well as filling in the main applicant part. (Mom goes in as sponsor, section 2).

Once working in own right you can switch to apply in the 'worker' category.

I will use section 12 for 2004-2012, including supporting evidence that my mum exercised her treaty right between 2004-2010 and her PR card for years 2010 onwards (she found her card today and confirmed it was issued in 2010). I will also include school letters and certificates for myself. Is this okay?

- Do I have to include a birth certificate?

I will then complete section 13 for years 2012-2013 when I was over 21, dependant on my mother, studying.
I will provide university letters/certificates, and anything else I can find for this period.
For my mother/sponsor, is her PR card okay for this section or do I still have to provide her p60s for this period?

For the two above, do I have to provide evidence that we lived together?
It will be more difficult as she paid all the bills, but I will be able to find official letters confirming my address including bank statements. Is this okay?

For years 2013- 2016 I will provide evidence of full time work, p45, p60s, payslips, letters of employment, bills in my name.

Note its not a legal requirement to use the form. You could be hardcore and apply by letter.
But assuming you use the current form, (or an earlier form), to give your application some structure, my point is, as the form is not a legal requirement, there's not really a right or wrong way way to fill it in.

And if you need to, you can include a cogent cover letter to help explain your case and show which is your qualifying period.

The form will be fiddly so have a few dryruns to get all the info in sensible places.

I will definitely include a cover letter, thank you!

Would you be able to help me with this question?
Did I automatically gain pr status from my EEA mother exercising her treaty right when I was under 21? To apply for citizenship, would I have to wait 12 moths from the issue date of my pr card (that is if I get one, fingers crossed) to apply for citizenship?

Thank you for your help

Sounds like you are on track.

Yes, you need birth certificate to prove relationship to sponsor/mother.

A few of mom's P60s can't hurt as they back up the DCPR.

Under EU law you don't have to reside together but you need to show financial dependency.
(It doesn't have to be 100% dependency).
Read relevant section of the 'qualified person' guidance PDF I think I linked for you.

You should have acquired PR by the end of a qualifying period of 5 years. That means you are settled in UK now. (Feels good doesn't it).
All the DCPR is is a confirmatory document - it doesn't 'confirm' the rights it simply shows you have them.

It looks like you had acquired PR by 2009 or 2010 (ie at the end of a 5 year period stating from 2004 or 2005).
Suggest you highlight that in your cover letter.
2010 may be more clearcut as it coincides with issue of mom's DCPR which means she had acquired PR by 2009 or 2010 too (depending on when she applied).

That also brings the date in before you were 21 so the financial proofs are less necessary.
This is because once you have PR you can only lose it by an absence (from UK) of 2 years and you don't need to exercise treaty rights once you have that PR.

Yes, a PR date from a few years ago means you don't have to hold the PR card for 12 months before shooting for the privilege of citizenship.
Its having PR/settled status itself that means you are free from immigration time restrictions, not possession of the card.

Check the PR guidance but main evidence to provide is rock-solid evidence of:

• identity (both you & sponsor);
  relationship;
  both of you residing in UK (not necessarily together all the time but any time together helps);
  mom having PR or exercising treaty rights 5 years;
  your financial dependency if years over age 21 are needed to qualify;
  your evidence of treaty rights (work) if later years are needed to qualify (in own right);
  no prolonged absences from UK (you/sponsor);

[LucyCO]

Sounds like you are on track.

Yes, you need birth certificate to prove relationship to sponsor/mother.

A few of mom's P60s can't hurt as they back up the DCPR.

Under EU law you don't have to reside together but you need to show financial dependency.
(It doesn't have to be 100% dependency).
Read relevant section of the 'qualified person' guidance PDF I think I linked for you.

You should have acquired PR by the end of a qualifying period of 5 years. That means you are settled in UK now. (Feels good doesn't it).
All the DCPR is is a confirmatory document - it doesn't 'confirm' the rights it simply shows you have them.

It looks like you had acquired PR by 2009 or 2010 (ie at the end of a 5 year period stating from 2004 or 2005).
Suggest you highlight that in your cover letter.
2010 may be more clearcut as it coincides with issue of mom's DCPR which means she had acquired PR by 2009 or 2010 too (depending on when she applied).

That also brings the date in before you were 21 so the financial proofs are less necessary.
This is because once you have PR you can only lose it by an absence (from UK) of 2 years and you don't need to exercise treaty rights once you have that PR.

That's excellent news, thank you!

Do you mind linking the qualified person' guidance PDF again please, as I can't find the link

What would be the best way to show financial dependency for the year and a half I was over 21? I would like to show some paperwork just in case - Would it be the bills my mother paid?
I understand that this period doesn't play a big part in my application, because we both already held PR status before I turned 21 (acquired in 2010). From what I read, if under 21 i don't need to provide evidence of financial dependency for years 2014-2012, is this correct?

I will make sure this timeline is highlighted in my cover letter, thank you

Yes, a PR date from a few years ago means you don't have to hold the PR card for 12 months before shooting for the privilege of citizenship.
Its having PR/settled status itself that means you are free from immigration time restrictions, not possession of the card.

Check the PR guidance but main evidence to provide is rock-solid evidence of:

• identity (both you & sponsor);
  relationship;
  both of you residing in UK (not necessarily together all the time but any time together helps);
  mom having PR or exercising treaty rights 5 years;
  your financial dependency if years over age 21 are needed to qualify;
  your evidence of treaty rights (work) if later years are needed to qualify (in own right);
  no prolonged absences from UK (you/sponsor);

All sounds good - thank you!

[noajthan]

That's excellent news, thank you!

Do you mind linking the qualified person' guidance PDF again please, as I can't find the link

What would be the best way to show financial dependency for the year and a half I was over 21? I would like to show some paperwork just in case - Would it be the bills my mother paid?
I understand that this period doesn't play a big part in my application, because we both already held PR status before I turned 21 (acquired in 2010). From what I read, if under 21 i don't need to provide evidence of financial dependency for years 2014-2012, is this correct?

I will make sure this timeline is highlighted in my cover letter, thank you

...

All sounds good - thank you!

Links, something on family dependency in one of these:
https://www.gov.uk/government/uploads/s ... _clean.pdf

https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

Typically show dependency by bank statements (yours/mom's) & any bills.

Yes, no need to show financial dependency for a minor - under age 21.

[LucyCO]

Thank you so much for all your help.

Do you know if the PR Card will have the application approval date (2016 for example) or will it show the date someone gained the PR status (2010 for example). I'd like to know how I can then, on my citizen application, prove that I had the PR status for longer than 5 years (since 2010), so I can avoid the 12 month wait time.

Thank you

[noajthan]

Thank you so much for all your help.

Do you know if the PR Card will have the application approval date (2016 for example) or will it show the date someone gained the PR status (2010 for example). I'd like to know how I can then, on my citizen application, prove that I had the PR status for longer than 5 years (since 2010), so I can avoid the 12 month wait time.

Thank you

Good question and one that is surprisingly tricky due to the lack of joined-up thinking when HO decided to make a merely confirmatory document (DCPR/PR card) mandatory for the privilege of citizenship.

See similar question (& one answer) here:
http://www.immigrationboards.com/eea-ro ... l#p1364833

[noajthan]

Stop press: there does now appear to have been a step-change in HO policy - DCPR is no longer mandatory when applying to naturalise:
http://www.immigrationboards.com/eea-ro ... l#p1377475

DCPR may still be advisable though, not only in order to reduce potential delays during processing but also to 'test the water' before shooting for citizenship (and putting a considerable application fee at stake).