EEA PR Card (Student in the UK for around 20 years, unable to apply for EEA PR Card)

[Enz1234]

Hi,

I am trying to consider my options for applying for EEA Permanent Residence Card and the subsequent British Citizenship (after holding the PR for 12 months). Both my parents and I are EEA nationals.

As a background, I moved to the UK with my parents when I was 2 (in 1992). Since then my parents have both been working full time (and therefore I believe, exercising treaty rights). Given they were part of the EEA, they never felt the need to obtain a British Citizenship or an EEA Permanent Residence Card.

Now in 2017, I would like to obtain an EEA PRC and subsequent British Citizenship. I did not have Comprehensive Sickness Insurance during any of my studies (up to degree level) and have not yet been working for 5 years (started full time continuous employment in June 2013).

I’ve seen other options (see below in yellow) and I considered if I could potentially apply as a Family Member or an Extended Family Member (based on point 2, as a “relative that does not qualify as a family member”).

It appears to me however that the details point to “dependency” and I would therefore not be able to apply as a family member, or as an extended family member. This is as although I’ve lived with my parents, I have income from my employment.

I’m seeking advice as it seems odd that although I have lived here for 25 years and both I and my parents have paid significant taxes, I will still need to wait until June 2018 to apply for an EEA Permanent Residence Card through a standard application as a “qualified person exercising treaty rights”.

My main questions:
1. Do you agree/disagree with my understanding above?

2. Based on my situation, does anyone see a way that I could get this done sooner than 2018?

3. Would I be able to apply for EEA Permanent Residency for my Dad (with me as a dependant for a time period BEFORE I was under 21? Will I still be required to prove I had Comprehensive Sickness Insurance as a Child (under 21)?

I would really appreciate your advice given my limited knowledge on this subject and the unusual nature of my situation.

Thanks,

Family Members
You can apply as a direct family member if you’re related to the EEA national as:
• their spouse or civil partner
• their (or their spouse or civil partner’s) child or grandchild who is under 21 or a dependant
• their (or their spouse or civil partner’s) dependent parent or grandparent

Extended Family Members
You can apply as an extended family member if you’re either:
• the unmarried partner of the EEA national and you’re in a lasting relationship with them that’s similar to a marriage or civil partnership
• a relative of the EEA national (or of their spouse or civil partner) but you don’t qualify as their family member

[NatCam]

I wonder if your Dad could apply for a PR card and include you in the application? If you could prove that you were dependent on him while being a student... ?

[NatCam]

If you have time read this:
https://www.freemovement.org.uk/compreh ... -needs-it/

[Enz1234]

Thanks for your help and the link. This is actually part of my question. The guidance out there does no really cover how a retrospective application would work which is why I was seeking further advice.

Please can another expert advise?

[Enz1234]

Main two questions:
1. Would I be able to apply for EEA Permanent Residency for my Dad (with me as a dependant for a time period BEFORE I was under 21)? Will I still be required to prove I had Comprehensive Sickness Insurance as a Child (under 21)?

2. Based on my situation, is there a way that I could get an EEA Permanent Residency done sooner than 2018?

--

I am trying to consider my options for applying for EEA Permanent Residence Card and the subsequent British Citizenship (after holding the PR for 12 months). Both my parents and I are EEA nationals who would like to naturalise in the UK.

As a background, I moved to the UK with my parents when I was 2 (in 1992). Since then my parents have both been working full time (and therefore I believe, exercising treaty rights). Given they were part of the EEA, they never felt the need to obtain a British Citizenship or an EEA Permanent Residence Card.

Now in 2017, I would like to obtain an EEA PRC and subsequent British Citizenship. I did not have Comprehensive Sickness Insurance during any of my studies (up to degree level) and have not yet been working for 5 years (started full time continuous employment in June 2013).

I’ve seen other options (see below in yellow) and I considered if I could potentially apply as a Family Member or an Extended Family Member (based on point 2, as a “relative that does not qualify as a family member”).

It appears to me however that the details point to “dependency” and I would therefore not be able to apply as a family member, or as an extended family member. This is as although I’ve lived with my parents, I have income from my employment.

I’m seeking advice as it seems odd that although I have lived here for 25 years and both I and my parents have paid significant taxes, I will still need to wait until June 2018 to apply for an EEA Permanent Residence Card through a standard application as a “qualified person exercising treaty rights”.

I would really appreciate your advice given my limited knowledge on this subject and the unusual nature of my situation.

Thanks,

Family Members
You can apply as a direct family member if you’re related to the EEA national as:
• their spouse or civil partner
• their (or their spouse or civil partner’s) child or grandchild who is under 21 or a dependant
• their (or their spouse or civil partner’s) dependent parent or grandparent

Extended Family Members
You can apply as an extended family member if you’re either:
• the unmarried partner of the EEA national and you’re in a lasting relationship with them that’s similar to a marriage or civil partnership
• a relative of the EEA national (or of their spouse or civil partner) but you don’t qualify as their family member

[vinny]

Your parents probably automatically acquired PR in 2006. You, being a family member, would have automatically acquired PR in-line with them then as well. To preserve PR, you may also need show that you haven’t been absent from the UK for over 2 continuous years since aquiring PR.