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Dependent child over 21

Posted: Thu May 19, 2016 10:08 pm
by Durrani
Hi guys I would like to gather some info before I apply for eea pr, I am a non eea national depandent child over 21 of eea national, I have had 5 years residence documentation which is now about to expire in August 2016. My query is, I want to apply for EEA PR now, do I need to send evidence of Dependancy from the year I turned 21 or do I have to send evidence of Dependancy of last 5 years, as when I received the residence documentation I was 19. And also I needed to ask, I have been depandent on my father (eea national) and have been living with him in the same house, but I don't have evidence of any money transfers, All i do have is bank statements where is it shows that my mother has been sending me money from her bank account would that be accepatable as my mother is also my fathers (eea national) depandent, My mother has been receiving money in her bank account from my father's account, and so she has been sending me pocket money from her account (mother's bank account) so basically I have been my father dependant, all those years.

Re: Dependent child over 21

Posted: Fri May 20, 2016 8:34 am
by noajthan
To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

Re: Application for PR or PR card: form EEA (PR) - UpToDate

Posted: Fri May 20, 2016 9:47 am
by Durrani
Dear All,

I am a non eea national depandent child over 21 of eea national, I have had 5 years residence documentation which is now about to expire in August 2016. My query is, I want to apply for EEA PR now, do I need to send evidence of Dependancy from the year I turned 21 or do I have to send evidence of Dependancy of last 5 years, as when I received the residence documentation I was 19. And also I needed to ask, I have been depandent on my father (eea national) and have been living with him in the same house, but I don't have evidence of any money transfers, All i do have is bank statements where is it shows that my mother has been sending me money from her bank account would that be accepatable as my mother is also my fathers (eea national) depandent, My mother has been receiving money in her bank account from my father's account, and so she has been sending me pocket money from her account (mother's bank account) so basically I have been my father dependant, all those years.

Re: EEA4 refused - lack of proof of exercising treaty rights

Posted: Tue May 24, 2016 10:12 am
by Durrani
Hi guys I would like to gather some info before I apply for eea pr, I am a non eea national depandent child over 21 of eea national, I have had 5 years residence documentation which is now about to expire in August 2016. My query is, I want to apply for EEA PR now, do I need to send evidence of Dependancy from the year I turned 21 or do I have to send evidence of Dependancy of last 5 years, as when I received the residence documentation I was 19. And also I needed to ask, I have been depandent on my father (eea national) and have been living with him in the same house, but I don't have evidence of any money transfers, All i do have is bank statements where is it shows that my mother has been sending me money from her bank account would that be accepatable as my mother is also my fathers (eea national) depandent, My mother has been receiving money in her bank account from my father's account, and so she has been sending me pocket money from her account (mother's bank account) so basically I have been my father dependant, all those years.

Re: Dependent child over 21

Posted: Tue May 24, 2016 10:20 am
by noajthan
To avoid confusion & jumbled responses, I have moved all your questions to your thread (this one).

Multiple posts

Re: EEA4 Eligibility Question

Posted: Tue May 24, 2016 10:21 am
by Durrani
Hi guys I would like to gather some info before I apply for eea pr, I am a non eea national depandent child over 21 of eea national, I have had 5 years residence documentation which is now about to expire in August 2016. My query is, I want to apply for EEA PR now, do I need to send evidence of Dependancy from the year I turned 21 or do I have to send evidence of Dependancy of last 5 years, as when I received the residence documentation I was 19. And also I needed to ask, I have been depandent on my father (eea national) and have been living with him in the same house, but I don't have evidence of any money transfers, All i do have is bank statements where is it shows that my mother has been sending me money from her bank account would that be accepatable as my mother is also my fathers (eea national) depandent, My mother has been receiving money in her bank account from my father's account, and so she has been sending me pocket money from her account (mother's bank account) so basically I have been my father dependant, all those years.

Re: Dependent child over 21

Posted: Tue May 24, 2016 10:49 am
by Casa
Why are you constantly repeating the same question? :?

Re: Dependent child over 21

Posted: Tue May 24, 2016 10:50 am
by noajthan
@Casa,
OP has been posting same question all over forums - now amalgamated here.

Re: Dependent child over 21

Posted: Tue May 24, 2016 11:31 am
by noajthan
Durrani wrote:Hi guys I would like to gather some info before I apply for eea pr, I am a non eea national depandent child over 21 of eea national, I have had 5 years residence documentation which is now about to expire in August 2016. My query is, I want to apply for EEA PR now, do I need to send evidence of Dependancy from the year I turned 21 or do I have to send evidence of Dependancy of last 5 years, as when I received the residence documentation I was 19. And also I needed to ask, I have been depandent on my father (eea national) and have been living with him in the same house, but I don't have evidence of any money transfers, All i do have is bank statements where is it shows that my mother has been sending me money from her bank account would that be accepatable as my mother is also my fathers (eea national) depandent, My mother has been receiving money in her bank account from my father's account, and so she has been sending me pocket money from her account (mother's bank account) so basically I have been my father dependant, all those years.
Proof of dependency only required since age 21.

If evidence is based on mother's support (derived from father) then that is what you need to submit.

Re: Dependent child over 21

Posted: Tue May 24, 2016 6:27 pm
by Durrani
@noajthan thanks for your reply.. One more I wanted to ask what evidence do I have to submit for self-employed eea national?

Thanks in advance

Re: Dependent child over 21

Posted: Tue May 24, 2016 6:38 pm
by noajthan
Durrani wrote:@noajthan thanks for your reply.. One more I wanted to ask what evidence do I have to submit for self-employed eea national?

Thanks in advance
Get up to speed here:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- page 18+

Absence for more then 6 months

Posted: Sat Jun 18, 2016 4:03 pm
by Durrani
Hi..

I really need your help!! I'm going to submit my application for eea pr. In last 5 years period, I have been out of the U.K. For more then 6 months in a years time as I was studying abroad, do I need to send the evidence of the study when I submit my application? If so what do I need to send as evidence what, would be accepted as evidence? I have literally searched everything online but couldn't find anything that could help me out with this..

Thanks in advance..

Re: Absence for more then 6 months

Posted: Sat Jun 18, 2016 4:09 pm
by noajthan
Durrani wrote:Hi..

I really need your help!! I'm going to submit my application for eea pr. In last 5 years period, I have been out of the U.K. For more then 6 months in a years time as I was studying abroad, do I need to send the evidence of the study when I submit my application? If so what do I need to send as evidence what, would be accepted as evidence? I have literally searched everything online but couldn't find anything that could help me out with this..

Thanks in advance..
Relax, the internet is your friend.

A one-off absence (of up to 12 months) for study is acceptable and does not break continuity of residence.
Ref http://www.eearegulations.co.uk/Latest/ByPage/part1_3

Submit rock-solid evidence of this.
Suggest: letter from educational establishment confirming dates/duration, purpose of study.
Any documents showing completion of study period, any published report or academic reference etc.
Also include travel booking details, travel tickets for outward journey and return to UK.

Re: Absence for more then 6 months

Posted: Sat Jun 18, 2016 6:19 pm
by Durrani
Thank you so much noajthan!! also im worried about that my dad who is eea national (my sponsor) has been receiving benefit such as housing benefit, child tax, and child benefit, do we need to mention that in the application as well? Or would be okay if we don't mention it.. As in the bankstatements it does show that he is receiving benefits.

Re: Absence for more then 6 months

Posted: Sat Jun 18, 2016 6:23 pm
by noajthan
Durrani wrote:Thank you so much noajthan!! also im worried about that my dad who is eea national (my sponsor) has been receiving benefit such as housing benefit, child tax, and child benefit, do we need to mention that in the application as well? Or would be okay if we don't mention it.. As in the bankstatements it does show that he is receiving benefits.
It depends.
And those kinds of questions on the current PR form are not mandated by EU law.

What is your father/sponsor's activity in UK?
How is he exercising treaty rights if he is a qualified person (that is, a worker etc)?
Or has he acquired PR / settled status in UK already?

Re: Absence for more then 6 months

Posted: Sat Jun 18, 2016 7:47 pm
by Durrani
He is self employed at the moment as his income is low he has to claim housing benefits and Child tax etc.. He hasn't got the eea pr certificate he has got Dutch nationality. He has been self employed since last 3 years before that he was seeking work and was claiming job seekers allowance.

Re: Absence for more then 6 months

Posted: Sat Jun 18, 2016 7:58 pm
by noajthan
Durrani wrote:He is self employed at the moment as his income is low he has to claim housing benefits and Child tax etc.. He hasn't got the eea pr certificate he has got Dutch nationality. He has been self employed since last 3 years before that he was seeking work and was claiming job seekers allowance.
In that case HO will want to examine whether he is really a qualified person who is exercising treaty rights over a period of 5 years.

Its outside EU law but they will also be likely to apply their MET/PET tests;
that is to see if they decide the work is genuine and effective.

If benefits form a large part of father/sponsor's income that will be problematic too.
They will want to see how he can be said to be supporting you.

Re: Absence for more then 6 months

Posted: Sat Jun 18, 2016 8:08 pm
by Durrani
Thank so much for your help noajthan.. So in that case do we have to submit all benefit documents with the application?

Re: Absence for more then 6 months

Posted: Sat Jun 18, 2016 8:11 pm
by noajthan
Durrani wrote:Thank so much for your help noajthan.. So in that case do we have to submit all benefit documents with the application?
Well you really need to submit tax and other business-related documents to show the income was at a reasonable level.

You can read about the test here:
https://www.freemovement.org.uk/using-m ... ne-worker/

Re: Absence for more then 6 months

Posted: Sun Jun 19, 2016 1:34 pm
by Durrani
Hi noajthan,

Do they apply met/pet test on every application which is made for eea pr on self-employed basis or do they just apply that test when your earning are low. also if we don't mentions about benefits are they Still likely to find out about us claiming certain benefits such housing benefit, child tax and child benefit?

Re: Absence for more then 6 months

Posted: Sun Jun 19, 2016 1:57 pm
by noajthan
Durrani wrote:Hi noajthan,

Do they apply met/pet test on every application which is made for eea pr on self-employed basis or do they just apply that test when your earning are low. also if we don't mentions about benefits are they Still likely to find out about us claiming certain benefits such housing benefit, child tax and child benefit?
I don't work for HO and don't know if they profile applicants or not.

In the 21st century you can assume that even in government departments there are some sort of links between them - so crosschecks could be made. Especially for applicants with low income.

You should be aware of the Declaration you will have to sign on the current application form;
you have to vouch for the veracity and completeness of the information supplied.
I understand that all information provided by me to the Home Office will be treated in confidence but that it may be disclosed to other government departments, agencies, local authorities, the police, foreign governments and other bodies for immigration purposes or to enable them to perform their functions, and that, if such bodies provide the Home Office with any information about me which may be relevant for immigration purposes, it may be used in reaching a decision on my application or on whether I or my family members have, or my sponsor has, a right of residence.

I understand that my details may in certain circumstances be passed to fraud prevention agencies to prevent and detect fraud and money laundering. I also understand that such agencies may provide the Home Office with information about me.
...

I understand that documents provided in support of this application will be checked for authenticity, and that false documents will be retained and may result in my application being refused and in my prosecution and subsequent removal from the UK.

...

I am aware that it is an offence to make a statement or representation which I know to be false or do not believe to be true, or to obtain, or seek to obtain a document certifying permanent residence or permanent residence card by means which include deception

Eea pr refused on the basis of claiming job seekers allwoanc

Posted: Sun Mar 05, 2017 9:42 am
by Durrani
Dear all,

I was wondering if someone could me put me out here.
My time line is as follow -

Application sent: 04/08/2016
delivered: 05/08/2016
Payment taken: 09/08/2016
Biometric Letter received & submmited: 12/09/2016
CoA: 15/10/2016 confirming right of work
Received a call from the case worker on Sunday the 19/02/2017 regarding the email they sent me on the 12/02/2016 to request more documents or take another 5 years family permit, which I never received. I requested the lady if she could send me the email again so I could provide her more evidence but again I did not receive the email. I sent home office a letter by post on the 22/02/2017 to request the same email printed by post. On 27/02/2017 I received all my documents, passports and refusal decision letter.

I would like you to ask if there is any such kind of law which confirms that claiming job seekers allowance actively for more then 91 days in a 5 years time, does restricts you to apply for an permanent residence?

Thanks in advance.
Gook luck everyone.

Re: Eea pr refused on the basis of claiming job seekers allw

Posted: Sun Mar 05, 2017 3:20 pm
by Obie
One cannot give you a clear answer without a full understanding of the refusal, which cannot be enhanced without you stating the full basis.

Re: Eea pr refused on the basis of claiming job seekers allw

Posted: Sun Mar 05, 2017 4:56 pm
by rooibos
Only 91 days spread across 5 years is a relatively short period. If anything, it could prove that you were actively looking for work, which means you were exercising treaty rights.

EEA PR refused

Posted: Wed Mar 29, 2017 11:57 pm
by Durrani
Dear all,


Could you please advise if i could send an new application for either PR or another 5 years family permit when I have already appealed against the refusal of PR. I have heard that it takes very long for courts to send out hearing date which is around a year and half. We're non EEA national and EEA national is my dad.


Many thanks