EU national studies abroad and wants to return to the UK

[Blueinch]

Dear all,

My son is EU national, and have lived in the UK for over 7.5 years. He completed A-levels (2 years), then had a gap year working, then got a degree in a university (3 years), and finally worked for 1.5 years.

He got Life in the UK test certificate, and passed GCSE in English.

In the end of February this year he went to China to study the language, and since then has been there.

What are his chances to get British citizenship in the present circumstances?

If there are hopes, I will be thankful, if you briefly outline the steps he has to follow to get the British passport. First, return to the UK, second...

Thanks a lot in advance,
Sam

[Petaltop]

He completed A-levels (2 years),

How old was your son then? Were you a qualified person in the UK during this time?

then got a degree in a university (3 years)

Did he have a CSI during this time? Or an EHIC from his own or another EEA country (not the UK EHIC) during these 3 years?

[CR001]

Does he hold a DCPR(document certifying permanent residency?

For British citizenship, absence in the 12 months immediately preceding the date of application should be 90 days or less and in the whole 5 year period should not be more than 450 days.

His UK degree should be sufficient to meet the English language requirement.

[noajthan]

1) Return to UK

2) Apply for DCPR;

- if successful...

3) Apply for privilege of citizenship (once PR status has been held for 12 months, unless married to a British spouse);

- if successful...

4) Shoot for holy grail of British passport

Be aware rules on absences for DCPR are quite different from the rules for naturalisation. Both will have to be fulfilled.

Note Only one one-off and exceptional absence of up to one year is permissible under EU rules on absences.
How was the gap year spent? what was the reason for the absence

For the gap year type absence, only exceptional reasons such as pregnancy, military service, study leave, (or perhaps some combination of these), may be justified (and, apart from military service, only up to one year).

Assuming the gap year can be justified on that basis (& simple, random travelling will not be adequate) then son should now return from China before 6 months are up (ie come back before August).
Otherwise his continuity of residence in UK will be broken and his PR clock will be reset to zero.

GCSE English is not adequate for proof of English.

If CSI (or suitable alternative) was not held whilst a student then the student years will not count towards acquiring PR.

[Petaltop]

How was the gap year spent? what was the reason for the absence

For the gap year type absence, only exceptional reasons such as pregnancy, military service, study leave, (or perhaps some combination of these), may be justified (and, apart from military service, only up to one year).

The OP said "gap year working'"between A levels and university. Maybe they worked in the UK for that year?

[noajthan]

How was the gap year spent? what was the reason for the absence

For the gap year type absence, only exceptional reasons such as pregnancy, military service, study leave, (or perhaps some combination of these), may be justified (and, apart from military service, only up to one year).

The OP said "gap year working'"between A levels and university. Maybe they worked in the UK for that year?

True and well worth finding out;

how was the gap year spent?

- rather than second guessing.

After all just bumming around UK would be as bad for OP's son's PR clock as spending a year abroad for no good reason.

Also worth knowing if son is an A8 national in case there is WRS nonsense to worry about during the last gasps of the WRS system (early 2011).

[Blueinch]

Appreciate all the responses.

He completed A-levels (2 years),

How old was your son then? Were you a qualified person in the UK during this time?

then got a degree in a university (3 years)

Did he have a CSI during this time? Or an EHIC from his own or another EEA country (not the UK EHIC) during these 3 years?

He was started A-levels, when he was 18 y.o.
If I understand right, "qualified" can be rephrased in "officially working"? If so, yes.

I don't think he got CSI (does it stand for "Comprehensive Sickness Insurance"?), as we were not aware of it being necessary for the citizenship application process. Unless, it was given automatically somehow... Nor EHIC, unfortunately.

Does he hold a DCPR(document certifying permanent residency?

For British citizenship, absence in the 12 months immediately preceding the date of application should be 90 days or less and in the whole 5 year period should not be more than 450 days.

His UK degree should be sufficient to meet the English language requirement.

As far as I remember, application for DCPR was going to take quite a bit of time, so he decided to leave it until the better times and went to study abroad.

Do your calculations of days and months mean that, if he was out of the country for like four month already, non of his time continuously spent in the UK before won't be counted towards the qualifying period?

How was the gap year spent? what was the reason for the absence

For the gap year type absence, only exceptional reasons such as pregnancy, military service, study leave, (or perhaps some combination of these), may be justified (and, apart from military service, only up to one year).

The OP said "gap year working'"between A levels and university. Maybe they worked in the UK for that year?

True and well worth finding out;

how was the gap year spent?

- rather than second guessing.

After all just bumming around UK would be as bad for OP's son's PR clock as spending a year abroad for no good reason.

Also worth knowing if son is an A8 national in case there is WRS nonsense to worry about during the last gasps of the WRS system (early 2011).

He spent the gap year working full-time in the UK.
And, yes, we are both A8 nationals.

Considering CR001's above comment about DCPR timing (90 days or less), do you still think that my son can return to the UK before August and it won't affect the DCPR qualifying period the started after the university graduation?

Thank you all in advance.

[noajthan]

Qualified person means one or more of: worker; self-employed; student; self-sufficient; jobseeker.

'Gap year working in UK' just means 'working' to me. So if any of this work took place before May 2011, was son registered fully and properly for WRS?
Otherwise his time as a worker can only have started in May 2011 (when WRS ended).

Yes, CSI = comprehensive sickness insurance.

Whether son needed or had WRS is probably academic anyway as the lack of CSI during son's real academic years, at uni, pose a major problem,
His PR clock probably won't have been running if no CSI and no EHIC whilst a student.

That means all previous time in UK (for A levels, gap, uni) is lost in terms of acquiring PR.

Its a longshot but one way to save this period (and make it count towards PR) is if son had had the foresight to apply for a RC issued to him as a student in/before 2011.
Not sure how the timeline works out on that one, you are best-placed to know.
Did son have such a RC?

Otherwise another way to rescue son's time spent in UK is to see if he can be considered to have been sponsored by an EEA parent who was a qualified person at the time; (cohabitation not necessary).
Was this the case?

Note If son was over 21 at any time he will have to prove financial dependency on this sponsor.
(That's not necessary for any time being sponsored by a parent whilst under age 21).

With a viable sponsor (and rock-solid proof of dependency for any time son was over age 21, in fact rock-solid proof is required for all 5 years) its just possible son has acquired PR by being sponsored whilst doing A levels, gap year plus say 2 years of uni.

If son has blown it with the university years one could argue he may as well stay teaching in China.

But there are one or two provisos.
Be aware that if he stays out of UK for over 6 months (based on anniversary of arrival in UK), and certainly if he stays out over 12 months (for a one-off exceptional reason), his continuity of residence will be ended.

That means when he returns to UK his PR clock will have to restart from zero (again).
If this is the case, son obviously won't now have time to acquire PR in the normal way (as Brexit final exit is looming).

And since end of last year possession of the optional and confirmatory DCPR has been made one of the mandatory prerequisites for the privilege of citizenship.

If/when back in UK, son will have to rely on the traditional British sense of fair play and any transitional arrangements that may be put in place for EU citizens; (all yet TBC ofcourse).

But do be aware of recent comments in press (from ministers) talking about a cutoff date for 'late arrival' Union citizens who now come to UK.
If son has lost continuity of residence he may fall into the category of a new arrival rather than someone who has been here 7.5 years.

On this basis, it may be prudent for son to come home and at least apply for a RC / EEA (QP) if his future is to lie in UK.
(fyi - the UK's EU-related transitional arrangements often depend on having EU documentation at a certain key date so that could prove a worthwhile investment of £65).

Finally, there's a mix of EU and UK domestic requirements that all need to be balanced up and met in full.
a) being away from UK over 90 days in the year before applying to naturalise will push back and delay when one could apply for the privilege of citizenship.
and
b)PR status (not necessarily having a DCPR) has to be held for 12 months before applying to naturalise (unless married to a British spouse).
(Its 6/12 months absence that stops the PR clock not 4 months).

[CR001]

Considering CR001's above comment about DCPR timing (90 days or less), do you still think that my son can return to the UK before August and it won't affect the DCPR qualifying period the started after the university graduation?

The 90 days refers to the British Citizenship application, when he gets to that stage. He needs DCPR first before he can apply for citizenship.

[Blueinch]

Thank you so much for very detailed answers...

Qualified person means one or more of: worker; self-employed; student; self-sufficient; jobseeker.

'Gap year working in UK' just means 'working' to me. So if any of this work took place before May 2011, was son registered fully and properly for WRS?
Otherwise his time as a worker can only have started in May 2011 (when WRS ended).

Yes, CSI = comprehensive sickness insurance.

Whether son needed or had WRS is probably academic anyway as the lack of CSI during son's real academic years, at uni, pose a major problem,
His PR clock probably won't have been running if no CSI and no EHIC whilst a student.

Its a longshot but one way to save this period (and make it count towards PR) is if son had had the foresight to apply for a RC issued to him as a student in/before 2011.
Not sure how the timeline works out on that one, you are best-placed to know.
Did son have such a RC?

Otherwise another way to rescue son's time spent in UK is to see if he can be considered to have been sponsored by an EEA parent who was a qualified person at the time; (cohabitation not necessary).
Was this the case

Note If son was over 21 at any time he will have to prove financial dependency on this sponsor.
(That's not necessary for any time being sponsored by a parent whilst under age 21).

If son has blown it with the university years one could argue he may as well stay teaching in China.

But there are one or two provisos.
Be aware that if he stays out of UK for over 6 months (based on anniversary of arrival in UK), and certainly if he stays out over 12 months (for a one-off exceptional reason), his continuiiy of residence will be ended.

That means when he returns to UK his PR clock will have to restart from zero (again).
If this is the case, son obviously won't now have time to acquire PR in the normal way (as Brexit final exit is looming).

And since end of last year possession of the optional and confirmatory DCPR has been made one of the mandatory prerequisites for the privilege of citizenship.

If/when back in UK, son will have to rely on the traditional British sense of fair play and any transitional arrangements that may be put in place for EU citizens; (all yet TBC ofcourse).
But do be aware of recent comments in press (from ministers) talking about a cutoff date for 'late arrival' Union citizens who now come to UK.

Finally, there's a mix of EU and UK domestic requirements that all need to be balanced up and met in full.
In any case, being away from UK over 90 days in the year before applying to naturalise will delay when one could apply for the privilege of citizenship.
PR status (not necessarily having a DCPR) has to be held for 12 months before applying too (unless married to a British spouse).
(Its 6/12 months absence that stops the PR clock).

Yes, I was "qualified" since the beginning.

In terms of my son's WRS I am not entirely sure. During A-levels (Oct 2008-May 2010) he had that job as a part-time (2-3 day per week), and after passing the A-level exams, decided to move full-time (starting from around May 2010-Oct 2011). I don't think he registered anywhere (e.g. WRS) himself. Does it worth checking?

I am trying to find the definition on "RC", but don't think anything suitable comes up. What does the abbreviation mean?

During the studies in the university he was not working, and always lived at home. Does it mean he was "sponsored by EEA parent"?

Yes, he was 21, when he joined the university. What is the way to prove that he was dependent on parents?

Actually, he received the Student Finance England grant. Is it somehow affecting/helping in being "sponsored" and/or "dependent" on parents subjects?

Just to sum up your thoughts about the timing of receiving DCPR/PR (6/12 month absence, etc.). Based on the information I have shared so far here (and will continue to share more), do you think it is worth pushing him to come back to the UK asap? Because, with all the amount of the different details, I am a bit confused at the moment...

Cheers.

[noajthan]

Yes, I was "qualified" since the beginning.

In terms of my son's WRS I am not entirely sure. During A-levels (Oct 2008-May 2010) he had that job as a part-time (2-3 day per week), and after passing the A-level exams, decided to move full-time (starting from around May 2010-Oct 2011). I don't think he registered anywhere (e.g. WRS) himself. Does it worth checking?

I am trying to find the definition on "RC", but don't think anything suitable comes up. What does the abbreviation mean?

During the studies in the university he was not working, and always lived at home. Does it mean he was "sponsored by EEA parent"?

Yes, he was 21, when he joined the university. What is the way to prove that he was dependent on parents?

Actually, he received the Student Finance England grant. Is it somehow affecting/helping in being "sponsored" and/or "dependent" on parents subjects?

Just to sum up your thoughts about the timing of receiving DCPR/PR (6/12 month absence, etc.). Based on the information I have shared so far here (and will continue to share more), do you think it is worth pushing him to come back to the UK asap? Because, with all the amount of the different details, I am a bit confused at the moment...

Cheers.

RC = residence certificate; an optional confirmatory document for Union citizens. Son will know if he had one as he would have applied for it.

Son will know if he registered for WRS, he was supposed to do so if working before end of April 2011.

Son (if over 21) will have been sponsored by an EEA parent as a direct family member if you provided funds for his essential daily needs (housing and food).
Not even 100% of needs/income, maybe up to 50%. Evidence such as bank statements will be required.
When under 21 all he would have to do is prove his relationship to a parent who was exercising treaty rights as a qualified person (qp).

More on these vital matters in HO guidance here:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

If you can show son has 5 years in UK made up of 2 years A-levels sponsored by a parent who was a qualified person (no dependency required if under 21);
plus 1 year either working in own right (with WRS if before May 2011) or else sponsored by parent; (again no dependency required if under 21 with parent as qp);
plus 2 years at uni and sponsored by parent (qp)
- he may have acquired PR.

If so suggest persuade him to come back to UK and apply for DCPR.
See https://www.gov.uk/government/publicati ... orm-eea-pr

If he gets DCPR he could apply for citizenship once he meets the rules on absence for naturalisation (plus all the other requirements for citizenship).
More on naturalisation here: https://www.gov.uk/government/uploads/s ... e_2016.pdf

Worst case son does not have PR. He will have to rely on any transitional arrangement.

In view of all the uncertainty (and all the wild talk by ministers and officials on the future of EEA nationals) suggest son comes back anyway and applies for a RC; this will at least confirm his status as a Union citizen resident in UK.
See https://www.gov.uk/government/publicati ... orm-eea-fm

[Petaltop]

My son is EU national, and have lived in the UK for over 7.5 years. He completed A-levels (2 years), then had a gap year working, then got a degree in a university (3 years), and finally worked for 1.5 years.

If you can show son has 5 years in UK made up of 2 years A-levels sponsored by a parent who was a qualified person (no dependency required if under 21);
plus 1 year either working in own right (with WRS if before May 2011) or else sponsored by parent; (again no dependency required if under 21 with parent as qp);
plus 2 years at uni and sponsored by parent (qp)
- he may have acquired PR.

Blueinch, as A8 nationals, did you register on the WRS?

[noajthan]

In terms of my son's WRS I am not entirely sure. During A-levels (Oct 2008-May 2010) he had that job as a part-time (2-3 day per week), and after passing the A-level exams, decided to move full-time (starting from around May 2010-Oct 2011). I don't think he registered anywhere (e.g. WRS) himself.

[Blueinch]

RC = residence certificate; an optional confirmatory document for Union citizens. Son will know if he had one as he would have applied for it.

Son will know if he registered for WRS, he was supposed to do so if working before end of April 2011.

Son (if over 21) will have been sponsored by an EEA parent as a direct family member if you provided funds for his essential daily needs (housing and food).
Not even 100% of needs/income, maybe up to 50%. Evidence such as bank statements will be required.
When under 21 all he would have to do is prove his relationship to a parent who was exercising treaty rights as a qualified person (qp).

More on these vital matters in HO guidance here:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

If you can show son has 5 years in UK made up of 2 years A-levels sponsored by a parent who was a qualified person (no dependency required if under 21);
plus 1 year either working in own right (with WRS if before May 2011) or else sponsored by parent; (again no dependency required if under 21 with parent as qp);
plus 2 years at uni and sponsored by parent (qp)
- he may have acquired PR.

If so suggest persuade him to come back to UK and apply for DCPR.
See https://www.gov.uk/government/publicati ... orm-eea-pr

If he gets DCPR he could apply for citizenship once he meets the rules on absence for naturalisation (plus all the other requirements for citizenship).
More on naturalisation here: https://www.gov.uk/government/uploads/s ... e_2016.pdf

Worst case son does not have PR. He will have to rely on any transitional arrangement.

In view of all the uncertainty (and all the wild talk by ministers and officials on the future of EEA nationals) suggest son comes back anyway and applies for a RC; this will at least confirm his status as a Union citizen resident in UK.
See https://www.gov.uk/government/publicati ... orm-eea-fm

Before and during the gap year (2010-2011) he was working via a recruitment agency, having all the payslips, etc. Do you know, if employer was able to hire him without WRS? If not, then son got it for sure. He can't remember exactly, but believes that he applied for some kind of Home Office document... Will check it, when arrives back to the UK.

What if "sponsorship" money were provided by parents in cash? In other words, if there are no bank transfers, are there any other ways to prove that he was dependent and sponsored? Would the fact that he had a study grant by Student Finance England affect him in any way in this subject?

Is application for RC affected by the amount of days absent from the UK? What if someone has to frequently travel outside the UK for work?

As usually, thank you for useful participation in this thread.

[noajthan]

Before and during the gap year (2010-2011) he was working via a recruitment agency, having all the payslips, etc. Do you know, if employer was able to hire him without WRS? If not, then son got it for sure. He can't remember exactly, but believes that he applied for some kind of Home Office document... Will check it, when arrives back to the UK.

What if "sponsorship" money were provided by parents in cash? In other words, if there are no bank transfers, are there any other ways to prove that he was dependent and sponsored? Would the fact that he had a study grant by Student Finance England affect him in any way in this subject?

Is application for RC affected by the amount of days absent from the UK? What if someone has to frequently travel outside the UK for work?

As usually, thank you for useful participation in this thread.

Yes, companies could and did hire workers illegally without WRS. Plenty of reports of such cases in the forum and that's hardly a scientific sample.
But if son thinks he applied for something it could have been either a RC or WRS registration.

You would need evidence of financial dependency to support your son's case. 100% dependency is not necessary which leaves room for other revenue streams.

Someone's RC application is not really dependent on absences as its more of a snapshot in time and about proving someone is a qualified person rather than how long they've been a qualified person.

[Blueinch]

Yes, companies could and did hire workers illegally without WRS. Plenty of reports of such cases in the forum and that's hardly a scientific sample.
But if son thinks he applied for something it could have been either a RC or WRS registration.

You would need evidence of financial dependency to support your son's case. 100% dependency is not necessary which leaves room for other revenue streams.

Someone's RC application is not really dependent on absences as its more of a snapshot in time and about proving someone is a qualified person rather than how long they've been a qualified person.

Ok, to sum up...

Option 1 - Try to get DCPR.

Son was sponsored by me, while he was under 21 years old for 2 years during his A-levels. Then, lets assume he had WRS for 1 year during his gap year (it needs to be double-checked with papers). Finally, 2 years at the uni he was sponsored by me - that's where the question is... He didn't work, and lived in our rented flat, and I was giving him cash (no frequent bank transfers) for his daily necessities... Is my word enough, or what kind of evidence can be shown? I mean, for me it is obvious that he was sponsored by me , because he had no other stream of income, but is it enough for the Immigration Officers?

Option 2 - if Option 1 doesn't work, get RC (Registration Certificate).

Considering the present situation with Brexit, is it known if RC is enough to save his future in the UK? My understanding is that RC is a starting point of a long process: he comes to the UK now, gets RC, stays for 5 years, gets DCPR, stays for 1 year, and finally can apply for the British passport. Right?

Or in a lucky case, he uses 2 years that he was working after the university (2014-2016). So he comes now, gets RC, gets a job, and works for the next 3 years to shoot for DCPR, stays one more year and applies for the British citizenship. Right?

Thank you again.

[noajthan]

Ok, to sum up...

Option 1 - Try to get DCPR.

Son was sponsored by me, while he was under 21 years old for 2 years during his A-levels. Then, lets assume he had WRS for 1 year during his gap year (it needs to be double-checked with papers). Finally, 2 years at the uni he was sponsored by me - that's where the question is... He didn't work, and lived in our rented flat, and I was giving him cash (no frequent bank transfers) for his daily necessities... Is my word enough, or what kind of evidence can be shown? I mean, for me it is obvious that he was sponsored by me , because he had no other stream of income, but is it enough for the Immigration Officers?

Option 2 - if Option 1 doesn't work, get RC (Registration Certificate).

Considering the present situation with Brexit, is it known if RC is enough to save his future in the UK? My understanding is that RC is a starting point of a long process: he comes to the UK now, gets RC, stays for 5 years, gets DCPR, stays for 1 year, and finally can apply for the British passport. Right?

Or in a lucky case, he uses 2 years that he was working after the university (2014-2016). So he comes now, gets RC, gets a job, and works for the next 3 years to shoot for DCPR, stays one more year and applies for the British citizenship. Right?

Thank you again.

1) Correct analysis. Rock-solid evidence required. No benefi of doubt can be expected.

2) As per my understanding: correct analysis.

Son will be subject to any transitional arrangements as unlikely to have time to acquire PR in normal way.
All yet to be negotiated by UK and EU and yet to be announced.

3) As per my understanding: correct analysis.

Again, son is likely be subject to any transitional arrangements.
All yet to be negotiated by UK and EU and yet to be announced.

[Blueinch]

1) Correct analysis. Rock-solid evidence required. No benefi of doubt can be expected.

2) As per my understanding: correct analysis.

Son will be subject to any transitional arrangements as unlikely to have time to acquire PR in normal way.
All yet to be negotiated by UK and EU and yet to be announced.

3) As per my understanding: correct analysis.

Again, son is likely be subject to any transitional arrangements.
All yet to be negotiated by UK and EU and yet to be announced.

noajthan,

Do you know any government organization or private company, which can analyze all the documents that we have and suggest the best course of direction?

Thank you.

[ohara]

Freemovement offer an application checking service but it's £250. Not really worth it for EEA(PR) considering the application is only £60 and not difficult!

Once you've gathered up all your evidence, just post back here with what you've got and members will advise you. A lot of us have done this application. I'm a total moron and I got it right the first time so I'm sure anyone can do it.

[noajthan]

noajthan,

Do you know any government organization or private company, which can analyze all the documents that we have and suggest the best course of direction?

Thank you.

No. And I would not post such information here.

Many people successfully use the forum and apply by themselves.

[Blueinch]

Thank you both!

Appreciate your support and will to help.

Good news - son found his WRS form dated from 2009, so his gap year should be covered by it.

"Option 1" mentioned above looks very interesting now...

We are looking at his period of life between 18 and 23 years old (2008-2013). There are three important periods:

1. Oct 2008 - May 2010 - sponsored by me (parent) during his A-levels (no dependency required, because under 21).

noajthan mentioned: "under 21 all he would have to do is prove his relationship to a parent who was exercising treaty rights as a qualified person (qp)"

Couple of questions:
If we provide our passports showing that he is my son, would it be enough to prove our "relationship"?
For a parent, what does "exercising treaty rights" mean in this context? Working full-time and hold WRS?

2. May 2010 - Oct 2011 - partly covered by WRS, partly exercising treaty rights during his gap year (full-time job);

Before May 2011 (until ot got canceled by the gov.) he had WRS, and after he was exercising his own treaty rights as a full-time worker, until he joined the university.

In addition to WRS form, does he need to find all the payslips to cover the period between May 2011 (end of WRS) and Oct 2011 (start of the university)?

3. Oct 2011 - Oct 2013 - BA degree in the university.

That's where the big question is - we need to prove that he was sponsored by me (a.k.a. parent (qp)). You suggest bank statements...

Son checked his bank statements, and it seems that he was using the money saved during the gap year. Is it any useful?

Thank you.

[noajthan]

Thank you both!

Appreciate your support and will to help.

Good news - son found his WRS form dated from 2009, so his gap year should be covered by it.

"Option 1" mentioned above looks very interesting now...

We are looking at his period of life between 18 and 23 years old (2008-2013). There are three important periods:

1. Oct 2008 - May 2010 - sponsored by me (parent) during his A-levels (no dependency required, because under 21).

noajthan mentioned: "under 21 all he would have to do is prove his relationship to a parent who was exercising treaty rights as a qualified person (qp)"

Couple of questions:
If we provide our passports showing that he is my son, would it be enough to prove our "relationship"?
For a parent, what does "exercising treaty rights" mean in this context? Working full-time and hold WRS?

2. May 2010 - Oct 2011 - partly covered by WRS, partly exercising treaty rights during his gap year (full-time job);

Before May 2011 (until ot got canceled by the gov.) he had WRS, and after he was exercising his own treaty rights as a full-time worker, until he joined the university.

In addition to WRS form, does he need to find all the payslips to cover the period between May 2011 (end of WRS) and Oct 2011 (start of the university)?

3. Oct 2011 - Oct 2013 - BA degree in the university.

That's where the big question is - we need to prove that he was sponsored by me (a.k.a. parent (qp)). You suggest bank statements...

Son checked his bank statements, and it seems that he was using the money saved during the gap year. Is it any useful?

Thank you.

Good news indeed.

1) Both parties' passports plus son's full birth certificate.

Parent exercising treaty rights means the same as for any other qualified person: being a worker or self-employed; or student or self-suffiicient or jobseeker.

if A8 and working in/before 2011, WRS required.
If student/self-sufficient, CSI required etc etc.

2) Sample of payslips, any letter from employer (or ask for one);
also P60, any P45 & etc.

3) You need to prove son was financially dependent on you as sponsor (not on himself).

[Blueinch]

3) You need to prove son was financially dependent on you as sponsor (not on himself).

Like I mentioned, he was receiving cash in hand, thus unfortunately there are no bank transfers to prove...

Direct family members of European Economic Area (EEA) nationals document by Home Office states:

"Essential needs include accommodation, utilities and food. Dependency must be shown by financial documents that show money being sent by the sponsor to the applicant.

If the applicant is receiving financial support from the EEA national as well as others, they must show that the support from the EEA national is supporting their essential needs.

The applicant does not need to be dependent on the relevant EEA national to meet all or most of their essential needs. For example an applicant can still be considered dependent if they receive a pension to cover half of their essential needs and money from the relevant EEA national to cover the other half.

Proof of dependency
The applicant must provide proof of their dependency such as:

- bank or building society statements
- evidence of money transfers
- evidence of living in the same household if applicable
- other evidence to show their EEA national sponsor has enough money to support he applicant is reliant on them for this"

As you can see from phrases highlighted in bold, looks like there is a way to prove that he was sponsored by me through the accommodation and utilities, because we lived in the same place and I paid the rent and utilities.

Would the housing agency contract stating our names be enough? What kind of other evidence can we provide in this areas (accommodation and utilities)?

Thank you.

[Blueinch]

I will rephrase my above comment.

Now our aim is to show that my son was sponsored by me, during the first 2 years of his studies in the university. During those 2 years he was already above 21 years old, thus to count those years as a qualifying period, we need to show that he received support for his essential needs (accommodation, utilities, food) from me (EEA national parent).

We already know thatI didn't transfer money to his bank account, because (1) he had his savings and (2) I was giving him cash from time to time. Seems that proving his dependency based on money transfers is hard.

However, from the HO document (https://www.gov.uk/government/uploads/s ... s_v3_0.pdf) we know that there are the other ways to prove his dependency, including:
1) evidence of living in the same household
2) evidence of dependency on essential needs, such as utilities and food
3) other evidence to show their EEA national sponsor has enough money to support the applicant money to support them and the applicant is reliant on them for this

Does anybody have an idea, in which form I can show the evidence of how my son was dependent on me for the above three?

Any thoughts are much appreciated. Thank you.

[Blueinch]

1) evidence of living in the same household

To show that we were living in the same accommodation, I found two documents: my rent contract for the flat, where we lived (son's name is not mentioned there), and son's Council Tax Exemption Certificate issued by the university stating his "term address". Both of them have the same address.

Dear forum residents, what is your opinion, would these evidence be enough to prove that we lived in the same household?

Cheers