ILR LR IN PROCESS, WIFE EFM, SON NO STATUS?

[hrak1978]

Dear Seniors,

I think Seniors knows that my ILR(LR) is in process with UKVI. Submitted on 22nd March while my appeal was in process because my EEA PR was refused.

My queries are:

1. My wife is EEA EFM on behalf of my dad (who is exercising treaty rights still) and her RC is valid until Sep 2019. What will happen to her RC when I will get my ILR(LR)? Should I apply for FLR(M)? Or any other solution? ROR?

2. My son was born in UK in 2015 no status should I apply for his british passport after i will get ILR?

Please advise?

Many thanks.

[secret.simon]

What is your father's nationality? And how is he exercising treaty rights? Has he already acquired PR in the UK?

Your son (your father's grandson), presuming he is under the age of 21, has an automatic right of residence in the UK as the direct descendant under the age of 21 of an EEA citizen in the UK either exercising treaty rights or holding PR . You should apply for a Residence Card for him.

As your son was born in the UK, you can register him as a British citizen on Form MN1 when either you get ILR or your wife gets PR.

[CR001]

What is your father's nationality? And how is he exercising treaty rights? Has he already acquired PR in the UK?

Your son (your father's grandson), presuming he is under the age of 21, has an automatic right of residence in the UK as the direct descendant under the age of 21 of an EEA citizen in the UK either exercising treaty rights or holding PR . You should apply for a Residence Card for him.

As your son was born in the UK, you can register him as a British citizen on Form MN1 when either you get ILR or your wife gets PR.

See the OPs incredibly long topic below where Obie has tried (seemingly unsuccessfully) to explain things. OPs father is EU citizen, OP is mid 30's I think and earns a substantial income and therefore not dependent on father and PR was refused (at least that is what I remember the last time I had the will to read the long topic).

indefinite-leave-to-remain/urgent-help- ... l#p1523753

[hrak1978]

Hello Secret.simon,

Much appreciated for your reply.

He is spanish and came to UK and did 11 months jobs then self employed as tutor. All in total 7 years also on pension as well. He is taking benefits as well.

I never applied for his my son RC, he was born in UK and only 2 and half years old. I am thinking to apply for his british passport. No one told me about direct
descendant. What he will get RC or spanish passport or what?

Should my wife switch to flr M after i will get my ilr or she can apply after 5 years for pr?

[hrak1978]

Dear CR001

Respected Obie explained all and i am following it as well. I even did PAP and appealed against my termination and taken them to tribunal.

But i didn't as about my wife and son.

[CR001]

It is useful for members to understand your full story to avoid this topic becoming a repeat of what has already been posted.

[hrak1978]

Indeed.

Please advise should i ask this question in the same thread? Or continue with this one.

[secret.simon]

See the OPs incredibly long topic below where Obie has tried (seemingly unsuccessfully) to explain things. OPs father is EU citizen, OP is mid 30's I think and earns a substantial income and therefore not dependent on father and PR was refused (at least that is what I remember the last time I had the will to read the long topic).

I did glance at it, but it got so lengthy and convoluted that I thought it best to ask specific questions directly.

To the OP

He is spanish and came to UK and did 11 months jobs then self employed as tutor.

What is your father's age? Has he reached state pension age in the UK? Has your father acquired PR in the UK? If so, has he applied for and received a DCPR? If not, does he earn enough from his self-employment for his work to be considered "genuine and effective"? Does his income from that work exceed the Minimum Earnings Threshold i.e. does he pay Class 1 compulsory National Income contributions on his income?

Your son's and wife's right to reside in the UK rest entirely on your father having either PR or exercising treaty rights in the UK.

You cannot apply directly for a British passport for your child. You will first need to register him as a British citizen before applying for a British passport.

[hrak1978]

He was born Jan 1946 (71 years old) and he is receiving state pension from UK and from Spain. He has been in UK from the last 7 years and 2 months. He hasn't applied for his PR yet. His income is under minimum threshold. As per his accountant his accounts are all upto date. He paid taxes but after 2 years they returned his taxes becaz of his age.

[hrak1978]

Apologies i dont know what is DCPR?

[CR001]

Apologies i dont know what is DCPR?

DCPR = Document Certifying Permanet Residence.

[hrak1978]

Oh ok.

Many thanks for this info. I didn't know that.

Another question when UKVI said self sufficient what does that mean? How much money in the account which will fulfill the requirement of self sufficient.

[CR001]

If he is self suffiicent, I believe that he is required to hold CSI (comprehensive sickness insurance).

[Obie]

Hello Secret.simon,

Much appreciated for your reply.

He is spanish and came to UK and did 11 months jobs then self employed as tutor. All in total 7 years also on pension as well. He is taking benefits as well.

I never applied for his my son RC, he was born in UK and only 2 and half years old. I am thinking to apply for his british passport. No one told me about direct
descendant. What he will get RC or spanish passport or what?

Should my wife switch to flr M after i will get my ilr or she can apply after 5 years for pr?

Not sure on which basis your son will qualify for British CItizenship. It will just be a further waste of money, as neither you or your wife were settled person at the time your child was born.

[hrak1978]

Dear Obie,

Of course my son is not eligible at the moment, my query was when i will get my ILR.

[Obie]

Dear Obie,

Of course my son is not eligible at the moment, my query was when i will get my ILR.

I concur .

I do wish you all the best with the ILR.

You wife will not qualify for Permanent Residence as an Extended family member, unless she can demonstrate that she continues to qualify as a dependent or member of your father's household throughout her residence in the UK.

[secret.simon]

If he is self suffiicent, I believe that he is required to hold CSI (comprehensive sickness insurance).

It may be more complicated than that.

If your father worked in the UK for atleast a year and then retired in the UK past the state pension age, he may have acquired PR as a “Worker or self-employed person who has ceased activity”. In that case, of course, he does not require CSI.

I would suggest that you get your father to apply for his DCPR and verify the date according to the Home Office that he acquired PR. If your father's DCPR application is successful, apply for your son's RC.

As your son was born in the UK, you can register him as a British citizen on Form MN1 when either you get ILR or your wife gets PR.

[Obie]

I believe OP's post should be consolidated to enable better advise to be provided.

[hrak1978]

Many thanks Secret.simon,

I will do that by all means for my son and how about my wife can she apply for PR after my dad ceased activity and get his PR?

[secret.simon]

how about my wife can she apply for PR after my dad ceased activity and get his PR?

Obie has answered your question above.

You wife will not qualify for Permanent Residence as an Extended family member, unless she can demonstrate that she continues to qualify as a dependent or member of your father's household throughout her residence in the UK.

[hrak1978]

Thank you Secret.simon,

She is continously member of the household. Regarding dependency what documents are required to demonstrate this dependency?

One more question sorry to be pain.
When i will get my ILR LR, can she transfer to FLR M? Is it possible to switch to this catagory?

Please advise?