Portuguese citizen EEA

[AHoseason]

Hello,

I am a Portuguese citizen and have lived in the UK since 2002. I am married to a UK citizen and we have three children all born here and with UK citizenship. I have been in receipt of ESA and DLA since 2007 due to an accident at work and due to other medical conditions, so am Incapacitated.

I am completing the EA PR form. Am I correct to say that I am not a Qualified Person ?

Should I apply for a permanent residence certificate on the basis that :
"I've lived in the UK for a continuous period of five years, the family member of a qualified person."

I am uncertain whether my eldest son, aged 13, is a qualified person. He has been in full time education in the UK all his life, but would he qualify as a Sponsor?

Or should I not mention a Sponsor at all and apply on the basis that :

"I am an EEA citizen who ceased work due to permanent incapacity" ?

Any thoughts and guidance would be appreciated.

Andrew

[noajthan]

Welcome.

If he was an EEA national (not dual national) your son may be a qualified person in his own right (there's no age limit) but he would not be your sponsor.
To be a qp he would have to have CSI in place.
To be your sponsor you would have to be financially dependent on son.

As children are British its immaterial, they are not on EU migration route.

If you were working 2002-2007 you may well have acquired PR as a worker qualified person.

Otherwise you may have acquired PR due to incapacity as you had been in UK at least 3 years before 2007.
Had you been working for 12 months or more immediately before the accident you mentioned?

More on QP here:
https://www.gov.uk/government/uploads/s ... _clean.pdf

[AHoseason]

Thank you for your quick reply.

I have not worked since 2003. I claimed JSA in 2003/4. After that I have had no work.
( I am uncertain what income I had between 2004 and 2007, sorry that sounds lame but...)
I claimed DLA in 2007 to present day
I claimed ESA in 2014 to present day

I hope that is clear and you can clarify

Many thanks

[noajthan]

Thank you for your quick reply.

I have not worked since 2003. I claimed JSA in 2003/4. After that I have had no work.
( I am uncertain what income I had between 2004 and 2007, sorry that sounds lame but...)
I claimed DLA in 2007 to present day
I claimed ESA in 2014 to present day

I hope that is clear and you can clarify

Many thanks

Unfortunately it appears you may not have acquired PR status.

Did you ever have a private health insurance policy in place?

[AHoseason]

Ah, thanks. I assume that I could apply for Derivative Residence Card since I am the parent ie joint primary carer for my son? (my wife has British citizenship)

But what would happen after my son turns 18 years old? I would cease to be primary carer, wouldn't I ?

[noajthan]

DR does not lead to PR.

[AHoseason]

DR does not lead to PR.

But I could make a valid application for DR ?

[noajthan]

DR does not lead to PR.

But I could make a valid application for DR ?

Unfortunately, you don't appear to have a clearcut case as British child could stay with British parent.

Primary carer

You’re eligible for a derivative residence card if you’re the primary carer of someone who would have to leave the UK if you left.

The person you care for must be one of the following:

• a British child who’d have to leave the EEA if you left the UK

https://www.gov.uk/derivative-right-res ... ligibility

[noajthan]

Suggest your best bet is to look again at EEA Regulation 5

5 (3) A person satisfies the conditions in this paragraph if—

(a)he terminates his activity in the United Kingdom as a worker or self-employed person as a result of a permanent incapacity to work; and

(b)either—

(i)he resided in the United Kingdom continuously for more than two years prior to the termination; or

(ii)the incapacity is the result of an accident at work or an occupational disease that entitles him to a pension payable in full or in part by an institution in the United Kingdom.

http://www.eearegulations.co.uk/Latest/ByPage/part1_5

[MrSlyFox]

Would this help?

I am married to a UK citizen

by OP

Point six under paragraph five?

5 - (6) The conditions in paragraphs (2) and (3) as to length of residence and activity as a worker or
self-employed person do not apply in relation to a person whose spouse or civil partner is a
British citizen.

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