Dependency Based PR Precedents!

[gillacious_505]

Hello my Dear members,

-What would be really helpful to me and some other people in my situation if they can discuss some cases here on the forum where they successfully obtained PR based on dependency particularly the direct descendants or discuss some precedents.

-I am saying so because I want to know in particularly whether having a job within the 5 year Residence card have any impact on the PR.

- What were the documents attached for obtaining the PR. Do you think having the letters on the same address as the sponsor would suffice the purpose that the EEA dependent was part of the same household as sponsor.

Thanks in advance

[noajthan]

Similar question:
http://www.immigrationboards.com/eea-ro ... 16157.html

[gillacious_505]

Similar question:
http://www.immigrationboards.com/eea-ro ... 16157.html

Hi noajthan,
My question actually derived from the query discussed above in the post. However that post only discusses about the caselaw.

What would be really helpful is if you or someone else could point to the post where the residence card holder obtained PR as a dependent and if they worked during the 5 year period.

[noajthan]

Similar question:
http://www.immigrationboards.com/eea-ro ... 16157.html

Hi noajthan,
My question actually derived from the query discussed above in the post. However that post only discusses about the caselaw.

What would be really helpful is if you or someone else could point to the post where the residence card holder obtained PR as a dependent and if they worked during the 5 year period.

In that case its just a case of searching the forum really.

[Obie]

Similar question:
http://www.immigrationboards.com/eea-ro ... 16157.html

Hi noajthan,
My question actually derived from the query discussed above in the post. However that post only discusses about the caselaw.

What would be really helpful is if you or someone else could point to the post where the residence card holder obtained PR as a dependent and if they worked during the 5 year period.

You may work, however as senseless as it sound, you need to maintain dependency on the EU citizen, if you reside with her in a house where she pays the rent, then you should be fine.

[gillacious_505]

Similar question:
http://www.immigrationboards.com/eea-ro ... 16157.html

Hi noajthan,
My question actually derived from the query discussed above in the post. However that post only discusses about the caselaw.

What would be really helpful is if you or someone else could point to the post where the residence card holder obtained PR as a dependent and if they worked during the 5 year period.

You may work, however as senseless as it sound, you need to maintain dependency on the EU citizen, if you reside with her in a house where she pays the rent, then you should be fine.

This is perhaps one of the most ambiguous points of the directives. And it indeed sounds senseless. So what if the direct descendant wants to marry in that 5 year residence card period?
I did indeed tried to search for those dependent based precedents where people got PR but really couldn't find one.

[Obie]

You would not find one, as one does not exit.

The Last case on this Matter was Secretary of State for the Home Department v Ojo [2015] EWCA Civ 1301 (16 December 2015)].

There has to be continuous dependency.

I don't personally thing Ojo is good law, but it is what the court says.

I have argued that OJo was a different case, and it was dealt with per incurium , without knowledge of REYES.

However home office is still contending the scope of Reyes is not as wide, as i will seek to make it.

We shall see how the case law develops.

[gillacious_505]

You would not find one, as one does not exit.

The Last case on this Matter was Secretary of State for the Home Department v Ojo [2015] EWCA Civ 1301 (16 December 2015)].

There has to be continuous dependency.

I don't personally thing Ojo is good law, but it is what the court says.

I have argued that OJo was a different case, and it was dealt with per incurium , without knowledge of REYES.

However home office is still contending the scope of Reyes is not as wide, as i will seek to make it.

We shall see how the case law develops.

Thanks Obie for sharing various case laws. So in essence this won't be a straightforward case.

Do you reckon working and living in the same household would be a safe thing to do?

Or do you think one should not work at all to be on the safe side?