ILR my non-EEA family member

[rassan]

I am Dutch national living and working in the UK for 9 years; i will be 10 years next March. I brought my son who is non- EEA national to live with me five years ago, He was 16 years (minor) when he joined me in the UK and now 21. He enrolled in the Uni this Sept and would have to apply an ILR in Feb. 2017. I have a few questions to ask; All his five years he was student; doing his GCSE, AS and A2 levels. he did a BTech level 2 in the college in his first year and got a certificate and decided to go the GCSE- A level route in order to gain admission to a good university which he did. During his studies he did work (part time) for nearly to 2 years ( only on weekends & school holidays to help support his studies.

1. Does he qualify for student finance- student loan & living cost allowance?
2. what documents will I need to apply for ILR for him next February?
please advise me.

[noajthan]

I am Dutch national living and working in the UK for 9 years; i will be 10 years next March. I brought my son who is non- EEA national to live with me five years ago, He was 16 years (minor) when he joined me in the UK and now 21. He enrolled in the Uni this Sept and would have to apply an ILR in Feb. 2017. I have a few questions to ask; All his five years he was student; doing his GCSE, AS and A2 levels. he did a BTech level 2 in the college in his first year and got a certificate and decided to go the GCSE- A level route in order to gain admission to a good university which he did. During his studies he did work (part time) for nearly to 2 years ( only on weekends & school holidays to help support his studies.

1. Does he qualify for student finance- student loan & living cost allowance?
2. what documents will I need to apply for ILR for him next February?
please advise me.

1) Probably. Check UKCISA website.

2) ILR is inappropriate for someone on EU migration trajectory. Why do you think ILR is relevant?

Son has probably acquired PR (not ILR) via you as sponsoring Union citizen.
Son's activity in UK is immaterial, its you as a qualified person that has helped him to acquire PR.

Apply for confirmation of son's PR (PRC) as he is your direct family member.

[rassan]

Thanks for the update. In this case in applying for my son's PR; his visa is due to expire in Feb. 2017. Can can I apply a PR for my self (EEA national living and working in UK continuously for 10 years) together with my son ( son ;non-eea national ) on the same form and if so which form do i use to apply EEA 3 or EE4 ? will myself and my son have to go through this bio metric process? What is this bio metric process all about?

Also I have a brother living in Germany (non-eu) for 20 years ( has an indefinite leave to remain in Germany) who wants to visit me here in UK and needs an invitation. How do i go about it?

[noajthan]

Thanks for the update. In this case in applying for my son's PR; his visa is due to expire in Feb. 2017. Can can I apply a PR for my self (EEA national living and working in UK continuously for 10 years) together with my son ( son ;non-eea national ) on the same form and if so which form do i use to apply EEA 3 or EE4 ? will myself and my son have to go through this bio metric process? What is this bio metric process all about?

Also I have a brother living in Germany (non-eu) for 20 years ( has an indefinite leave to remain in Germany) who wants to visit me here in UK and needs an invitation. How do i go about it?

What immigration route is son actually on? (UK or EU)
(A RC is not a visa).

See https://www.gov.uk/government/publicati ... orm-eea-pr

Biometrics are only for non-EEAs.

Brother can try to apply for a FP or else regular visit visa.

[rassan]

EEA. You are right. when he arrived in UK as he son of EEA national he was given a 5yr resident permit in his passport which is due to expire in Feb 2017. I will then have to apply for a permanent residency for him. I will also like to apply for a PR for myself as I have exercise the treaty right - 10yrs working and residing in the UK Can we do that together?

[rassan]

Hello all I need advice,
My son 21 (EEA Family member) got admission to the university here in UK. As an EEA migrant worker ( 9 years living and working in UK) we applied to Student Finance for tuition and maintenance loan/ grant. My son submitted his passport with EEA family member visa plus my EU passport. I additionally submitted my son's birth certificate, my current 3 months pays slips (including September 2016) a copy of my employment contract, 2015/16 P60 and a letter from my employer (line manager) confirming I am still in employment. I don't however understand what they mean by proof that my son was financially dependent on me. He has been schooling and living with me since he joined me 5 years ago until his admission. I paid all the bills. the only thing is, he used to work partime on weekends ( sometimes half term) to earn some money for his travel and buy his A level books. i paid the initial deposit for his university accommodation plus some pocket money until his money for his living cost is paid t him. What else must I do to show my son's dependency on me? He needs his loan and grant to get by and the SF are delaying him

[noajthan]

Children over 21 need to demonstrate dependency on their EEA sponsor, see here:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

[Obie]

If he resided in the UK as a family member of a migrant worker, then he has an independent right to Student loan, even if he is not still dependent on you, as he installed himself in the UK at a time when his father was a migrant worker.

[Greenie]

If he resided in the UK as a family member of a migrant worker, then he has an independent right to Student loan, even if he is not still dependent on you, as he installed himself in the UK at a time when his father was a migrant worker.

Obie can you say which part of the funding regs you are referring to? unless the son has PR in his own right which the OP says wil not be the case until Feb 2017, he does not have an independent right to funding if his father is still in the UK. If for example his father had now left the UK he could claim funding without showing dependency but as the father is still here, he can't do this.

See category 5 http://ukcisa.org.uk/Information--Advic ... layer-3942

[Obie]

Unfortunately i do not concur.

Regulation 492/11 is engaged even if the migrant worker has not returned home or ceased to be a migrant worker, provided the child of the migrant worker was installed in the UK at a time when the migrant worker was employed in the UK.

The fact that it is not included in the guide you provided, does not mean it is not law.

7. A person who—

(a)is ordinarily resident in England on the first day of the first academic year of the course;

(b)has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(c)is entitled to support by virtue of Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers(3), as extended by the EEA Agreement.

[Greenie]

in order to be ordinarily resident the child has to be lawfully resident. if he is over 21 this means he needs to be dependent.

the guidance is based on the student support regulations. these are the regulations that sfe use when considering an application for funding. I am not aware of a successful challenge to this regulations being not in accordance with eu law. it should not be difficult for a child who has only recently turned 21 and who has been living in the family home to prove dependency. this would be far easier than going down the route of having to challenge the student support regs.

[Obie]

If you look at my post you will see that i have cited the relevant legislative provision.

As i humbly notified you, the guidance you showed me was incomplete, it does not cover all the category of qualifying student.

For as long as the children of a Migrant worker installed themselves in a member state at a time when their parent was a migrant worker, they automatically acquire a right which continues to exist until they complete their education. The fact that their parent cease from being a migrant worker or they cease from being dependent is immaterial.

They are ordinarily resident and lawfully in the UK for as long as they are in Education.

If you go through the legislative provision cited above, and focus your mind on Baumbast, it will help enhance your understanding of the legal provision.

[rassan]

Hi There! Happy New Year to all.

As an EEA national working and residing in the UK for 10 years, I have decided to apply for permanent residency (Brexit worries) MY non-EEA son also who has been came to UK at age of 16 ( living and schooling) with and me and now in the University is also due to apply for PR since he has been here for 5 years. My questions;

1. Can I add him to the same application on form ( I understand it is possible - it states that on the form but my friend says its not)

2. Should I include his original school certificates ( BTec, GCSE, AS & A2 + plus awards) - I am fearful they will get missing in Home Office.

3. He was already fingerprinted in the British Consulate before arriving here, must he have to do another bio metric? Also since I am adding him to the my PR form

[noajthan]

1) Yes.
Tell friend to read the form.

2) No (why?!)

3) Yes.
Read biometrics section of form.

[rassan]

That is where it gets me confused because on the application for ( EEA PR) I it states that the biometric information for non -eea nationals who are filling the form ( Biometric Information section) I am an EEA national and I am the lead applicant so do i still fill my sons's name in that section ( hope you understand)

2

[Obie]

Unfortunately you have to. If you son is not an EEA national the form will need to be filled.

[rassan]

Guys its me again- please forgive me for being over pedantic. I am about to submit my PR form on behalf of myself and my son.

1. Do I have to submit all my 10 years pay slips together with my 10 years P60s?

2. Do I have to add my son's original college certificates as proof that he has been schooling for the last five years ? I got a letter from his uni confirming his admission and attendance- ( will that be enough) . I am not sure the original certificates will go missing so thinking of sending copies instead and producing it the original if HO requests it

3. Must I enclose photocopies of all the documents I am sending to the HO?

3. Should I include my ten years bank statements + my sons' 5 years bank statements

4, Are P60's Bank Statements, letter from employer, pay slips and letters from the HO when my son arrived here in 2012, , and my son's letters from student finance, his Birth certificate and other documents enough. I believe I will be sending a book to the HO

[rassan]

Hi I applied for a PR for myself ( EEA national living and working in UK for 10 years) and my son ( non eea national living, schooling and sometimes working partime in the UK for 5 years). My son is currently in the university and they have requested him to bring in his renewed family permit residence permit as the records they have show it has expired on Feb. 2017 I have asked him to tell the university that the documents are in the Home Office being processed. Unfortunately I have not had any letter acknoeldging they have received the documents. ( i sent the documents about 3 weeks ago) . The only information I have is from Royal Mail to proving the documents were received by the Home Office. How do I prove to my son's university that his PR is now being processed in the Home Office.