EEA national - applying for residence card

[mayaxatl]

Hi All

I am trying to help my sister with her application for permanent residence, but looking at her situation I am starting to think she may not be able to qualify via any of the available routes.

I'll summarize her situation and would be grateful for any suggestions :

1) My sister is an EEA national
2) She has lived in the UK since 2007
3) worked for continuous period of 5 years (from 2007 to 2012) but only registered for WRS in 2011
4) She has a patchy employment record since 2012 due to chronic back problems (with more than 6 months breaks between jobs)
5) She's never applied for any benefits, has practically not used NHS services while being in the UK (using private dental, medical services in her home country instead, on a pay-per-treatment basis not as a part of medical insurance, she did not have UK Comprehensive Sickness Insurance either)
6) in practice she's been dependent on me most of that time, living at my house (privately owned property) rent free and I have been supporting her financially
7) I am a naturalized British citizen, a home owner on a decent salary etc and practically her only family member able to provide support for her at this stage

Based on the above it would appear that the EEA Qualified Person route would not be available to my sister (due to delay with WRS) and the Self Sufficiency could also be declined based on the lack of CSI?
Is there any other option you can think of?

Many thanks in advance

[noajthan]

Hi All

I am trying to help my sister with her application for permanent residence, but looking at her situation I am starting to think she may not be able to qualify via any of the available routes.

I'll summarize her situation and would be grateful for any suggestions :

1) My sister is an EEA national
2) She has lived in the UK since 2007
3) worked for continuous period of 5 years (from 2007 to 2012) but only registered for WRS in 2011
4) She has a patchy employment record since 2012 due to chronic back problems (with more than 6 months breaks between jobs)
5) She's never applied for any benefits, has practically not used NHS services while being in the UK (using private dental, medical services in her home country instead, on a pay-per-treatment basis not as a part of medical insurance, she did not have UK Comprehensive Sickness Insurance either)
6) in practice she's been dependent on me most of that time, living at my house (privately owned property) rent free and I have been supporting her financially
7) I am a naturalized British citizen, a home owner on a decent salary etc and practically her only family member able to provide support for her at this stage

Based on the above it would appear that the EEA Qualified Person route would not be available to my sister (due to delay with WRS) and the Self Sufficiency could also be declined based on the lack of CSI?
Is there any other option you can think of?

Many thanks in advance

Was sis dependent on you (or any other Union citizen/relative) before you naturalised?
Were you in UK at the time?
Were you a qualified person?
A longshot but did sis have a RC based on being your dependent?

Otherwise it appears sis does not have a basis on which to reside in UK.
To regularise her position (especially with all this wild talk of Brexit) suggest you put CSI in place (for her) asap;
then apply for a RC ie EEA(QP) asap.

[mayaxatl]

hi , many thanks for your the quick reply. Answering your questions :

Was sis dependent on you (or any other Union citizen/relative) before you naturalised? - Yes, she was practically dependent on me since 2007, she was working during that time but living at my place cost free
Were you in UK at the time? Yes, I've been living in the UK since 2003, I've gone through the standard EEA naturalization route - based on exercising the treaty rights for 5+ years
Were you a qualified person? - Yes, I have been in continues employment since 2003
A longshot but did sis have a RC based on being your dependent? - Does RC stand for Residence Card? No she never applied for it unfortunately


As for your suggestions : "To regularise her position (especially with all this wild talk of Brexit) suggest you put CSI in place (for her) asap;
then apply for a RC ie EEA(QP) asap."

So if I arrange for CSI now will she still be able to apply (not having CSI for the period of past 5 years) ?
Or would the qualifying time start ticking from the moment we arrange for CSI and we wold have to wait 5 years before applying?

Thanks

[noajthan]

hi , many thanks for your the quick reply. Answering your questions :

Was sis dependent on you (or any other Union citizen/relative) before you naturalised? - Yes, she was practically dependent on me since 2007, she was working during that time but living at my place cost free
Were you in UK at the time? Yes, I've been living in the UK since 2003, I've gone through the standard EEA naturalization route - based on exercising the treaty rights for 5+ years
Were you a qualified person? - Yes, I have been in continues employment since 2003
A longshot but did sis have a RC based on being your dependent? - Does RC stand for Residence Card? No she never applied for it unfortunately


As for your suggestions : "To regularise her position (especially with all this wild talk of Brexit) suggest you put CSI in place (for her) asap;
then apply for a RC ie EEA(QP) asap."

So if I arrange for CSI now will she still be able to apply (not having CSI for the period of past 5 years) ?
Or would the qualifying time start ticking from the moment we arrange for CSI and we wold have to wait 5 years before applying?

Thanks

If sis had had a RC based on your past support she would probably have acquired PR as your dependent during earlier qualifying period.
Unfortunately, for an EFM, a RC is necessary in order for PR to be confirmed.

If you put CSI in place now, sister's position is at least regularised and her PR clock starts up (from zero).
Ofcourse there is unlikely to be enough time to acquire PR in normal way, but, in these uncertain times, any EU-related docs (eg RC) to confirm some sort of status is better than none.

[mayaxatl]

Thanks again for taking time to respond.

So to summarize there's no point to apply for Residence Card at this stage because it will be rejected, we should just arrange for CSI and wait for what the post-brexit future bring s in terms of new legislation?

Also are you aware of any source documents detailing what sort of cover should CSI provide to be considered Home-Office compliant for the RC (EEA QP) purposes?


Thanks