Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.
Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
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deedee85
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by deedee85 » Thu Mar 08, 2012 3:53 pm
I am a dependant child of an eea national. My mother has been here more than five years and also has been exercising treaty for all those years. I came to this country illegally in 2004 when I was under 18 yrs. I didn't apply for my RC till 2008 and it was granted in 2010. What I want to know is can I apply for PR even though my RC is valid til 2015?
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EUsmileWEallsmile
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by EUsmileWEallsmile » Thu Mar 08, 2012 7:50 pm
What age are you now?
If you you've lived continuously in the UK with your mother for five years while she was exercising treaty rights before you reached the age of 21, then yes.
After the age of 21, you would also need to be dependent on your mother for the qualifying period after you reached 21.
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deedee85
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by deedee85 » Thu Mar 08, 2012 8:41 pm
Thank you for the reply.
I will be 23yrs in a few days. I have been living with my mother in the uk since the age of 15 and I am still a member of her household. I have a job so im not so sure if im still dependent on her.
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Obie
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by Obie » Fri Mar 09, 2012 1:33 am
If you lived with you mother in the UK since 15, and she has be en a Union Citizens exercising treaty rights during this period, and you can provide evidence attesting to this ( 15-21). Then i believe you should be able to get confirmation of your e
right of Permanent Residence.
Smooth seas do not make skilful sailors
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deedee85
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by deedee85 » Fri Mar 09, 2012 12:43 pm
Thank you Obie
Proving my mother's part is not really a problem. I dont have any evidence of me living with my mother from 15-18yrs but I have evidence for 18-23yrs. I really didnt know nothing about immigration stuff when I first came here.
So since part of my evidence is after I turned 21yrs what can/should I do?
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EUsmileWEallsmile
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by EUsmileWEallsmile » Fri Mar 09, 2012 6:54 pm
deedee85 wrote:Thank you for the reply.
I will be 23yrs in a few days. I have been living with my mother in the uk since the age of 15 and I am still a member of her household. I have a job so im not so sure if im still dependent on her.
The other thing is, was your mother an EEA citizen during that whole time or if not when did she acquire it? If she had it from birth then there will be no issue of course.
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deedee85
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by deedee85 » Fri Mar 09, 2012 8:09 pm
My mother has been an EEA citizen before I came to this country. She didn't acquire it from birth. I think she maybe got it from been a resident in her Eu country(Norway) for a long time.
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EUsmileWEallsmile
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by EUsmileWEallsmile » Fri Mar 09, 2012 8:21 pm
deedee85 wrote:My mother has been an EEA citizen before I came to this country. She didn't acquire it from birth. I think she maybe got it from been a resident in her Eu country(Norway) for a long time.
Looks like you're application should be ok then. Just concentrate on proving that you lived with her in the UK and that she exercised treaty rights for a five year period.
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Jambo
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by Jambo » Fri Mar 09, 2012 8:43 pm
If you can get a letter from your school confirming your address, that would be acceptable. In not, just explain in a cover letter. I would be surprised if the HO would insist on proving you lived with your mother when you were only 15.
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deedee85
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by deedee85 » Fri Mar 09, 2012 10:29 pm
My mother did not enroll me in school because she was scared the school will find out I was here illegally. She didnt know much about immigration stuff either.
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EUsmileWEallsmile
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by EUsmileWEallsmile » Fri Mar 09, 2012 11:04 pm
deedee85 wrote:My mother did not enroll me in school because she was scared the school will find out I was here illegally. She didnt know much about immigration stuff either.
That really is a shame, your schooling I mean. That's not to say that you could not prove that you met the requirements by other means.
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deedee85
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by deedee85 » Sat Mar 10, 2012 12:56 am
That really is a shame, your schooling I mean. That's not to say that you could not prove that you met the requirements by other means.
I agree it really is a shame. How can I prove I meet the requirements by other means.
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Obie
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by Obie » Sat Mar 10, 2012 1:13 am
PR regime seems different. Even babbies of EEA national whose parents wish to apply for PR on their behalf, need to show they have lived in the UK for a continuous period of 5 years in order to qualify for PR under the regulations.
You will certainly need to show that you have resided with your mother in the UK for a continuous period of 5 years to qualify.
Smooth seas do not make skilful sailors
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EUsmileWEallsmile
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by EUsmileWEallsmile » Sat Mar 10, 2012 8:55 am
The step would be show that your mother has PR, ie that she has exercised treaty rights in the UK for a continuous period of five years (example by being a worker, etc). If she fails to get PR, so would you.
The second would be to demonstrate that you lived with her for five years. You need to go and think how you might show that. There are no fixed means by which you prove that (that's an advantage in that if you don't have one particular means of proof, you could use another).
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deedee85
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by deedee85 » Sat Mar 10, 2012 11:39 am
Will sky bills in my name and with my mother's address be enough to show I've been living with her?
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EUsmileWEallsmile
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by EUsmileWEallsmile » Sat Mar 10, 2012 8:43 pm
deedee85 wrote:Will sky bills in my name and with my mother's address be enough to show I've been living with her?
They would help, especially if they cover five years' residence.