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PR for Non eea family member of an eea national

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Mrs hk
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Joined: Mon Aug 27, 2018 4:06 pm
United Kingdom

PR for Non eea family member of an eea national

Post by Mrs hk » Mon Aug 27, 2018 5:14 pm

Hello everyone.
I am 29years old and non eea family member of an eea national. I have completed my 4 and half years in uk living with my father (who is eea national).
I will appky for pr end of this year (5yrs). I have been working full time(no restriction for employment on my residence card). Lived with my father for 5 years. My father paid all the rents/mortgage and council tax through out 5 years.
In the application says:
1) does your sponsor give you any money?
I have been working so he didnt give me any monies in 5 yrs
2) do you receive any finacial support?
Basically all section 13 in application is about dependancy.
My question is
Does it matter whether i work or not? And get any monies from sponsor or not?
Sorry for long explaination.
Many thanks

obormot
Member of Standing
Posts: 375
Joined: Tue Apr 16, 2013 2:40 pm
Location: Glasgow
France

Re: PR for Non eea family member of an eea national

Post by obormot » Wed Sep 05, 2018 9:08 pm

I am under impression that it is enough to show
EITHER financial dependancy OR living in the same household.
Hence, if applicant lived together with the sponsor for 5 qualifying years, this would be sufficient, no matter financial part.
No?

hrak1978
Member of Standing
Posts: 323
Joined: Wed Jul 05, 2017 9:21 pm

Re: PR for Non eea family member of an eea national

Post by hrak1978 » Sat Sep 08, 2018 3:04 pm

Hi

My eea pr refused, then applied for ILR LR it was refused, FTT refused and yesterday my UTT refused.

It is only because my solicitor sent my job P60 and payslips for pr and classed me as independent even they said in FTT that my dependency was sham.

So be careful.

Read my full thread.
{ I'm not a solicitor, legal professional or immigration advisor, all of my posts are based on my online search and my own PR, ILR (LR), 2 FTT and 2 UTT refused but finally after 3 years of long battle I got my SETTLED STATUS. }

Mrs hk
Newly Registered
Posts: 2
Joined: Mon Aug 27, 2018 4:06 pm
United Kingdom

Re: PR for Non eea family member of an eea national

Post by Mrs hk » Wed Sep 26, 2018 8:39 pm

Thank you for sharing your experience. I hope yours get sorted out nice and smooth.

robin12345
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Posts: 28
Joined: Tue Apr 17, 2018 10:56 am
Ireland

Re: PR for Non eea family member of an eea national

Post by robin12345 » Mon Oct 08, 2018 9:02 am

If you’re non eu meme bee of eu national and if you’re dependant on your eea national than if you’re working time you’re not eea national dependent anymore are you ? I heard you have to work part time like 20 hours or so and show your dependency on your eea national in all them 5 years before you apply for your ILR. I’ve just applied for my father and sister and recently got 5 5 years BRP. I could be wrong on this as I just heard from my soliciter.

obormot
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Posts: 375
Joined: Tue Apr 16, 2013 2:40 pm
Location: Glasgow
France

Re: PR for Non eea family member of an eea national

Post by obormot » Mon Oct 08, 2018 12:39 pm

1. HO guidance says that "direct" family members who aechildren over 21 or parents need t oshow dependancy:
Here, page 11-12
https://assets.publishing.service.gov.u ... .0-EXT.PDF

2. In the same document (page 12) it says that:

If they cannot provide valid proof to show they are currently dependent on their EEA national sponsor, or the sponsor’s spouse or civil partner, you must check the guidance for extended family members to see if they satisfy the conditions of regulation 8(2) of the 2016 regulations. For more information, see: Extended family
members of EEA nationals.

3. If you look at those eferences:
http://www.legislation.gov.uk/uksi/2016 ... ion/8/made
or page 8 of
https://assets.publishing.service.gov.u ... s-V6.0.pdf

Then you see that it is enough if a non-EU is a "relative" and:

is a member of their household and either:
o is accompanying the EEA national to the UK or wishes to join them
o has joined them in the UK and continues to be dependent on them or to be a member of their household

And page 16 of the last document says it is enough to submit:

evidence of membership of EEA national’s household, such as:
o utility bills
o tenancy or mortgage agreement
o other evidence of cohabitation

My reading of all this is that one dos not need to show financial dependance if there is "evidence of cohabitation".

single84
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Joined: Sun Oct 21, 2018 12:24 pm
Mood:
United Kingdom

Re: PR for Non eea family member of an eea national

Post by single84 » Sun Oct 21, 2018 1:06 pm

obormot wrote:
Wed Sep 05, 2018 9:08 pm
I am under impression that it is enough to show
EITHER financial dependancy OR living in the same household.
Hence, if applicant lived together with the sponsor for 5 qualifying years, this would be sufficient, no matter financial part.
No?
Hi could you please explain it a bit more for a new application. Do i need to prove previous dependency or same household before coming to UK and present dependency or same household or just one.Best regards

obormot
Member of Standing
Posts: 375
Joined: Tue Apr 16, 2013 2:40 pm
Location: Glasgow
France

Re: PR for Non eea family member of an eea national

Post by obormot » Tue Oct 23, 2018 8:48 am

Please re-read my post just above yours - I think it explains it in details.
Since we are talking about PR, it is about dependency or household membership AFTRER arriving to UK.

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