Immigrationboards.com

Hi Everyone

This may seem like a strange question but it is a potential reality for me. I am currently on a RP as of September 2015.I applied as a dependent child over the age of 21years. My EEA sponsor (my father) is potentially going to leave the UK during the course of this year in order to pursue a business opportunity in Dubai thus will no longer be exercising.

My question is how does this effect my immigration status ?. I see that in order for me to obtain PR in a few years time I will need to show that my sponsor EEA national has been exercising treaty rights during that period . I am finishing a very specialised financial qualification in June next year and will be looking to work in the UK after that, is it possible to switch to a Tier 2 visa from RP in order to remain in the UK in my own capacity ?. In practice I could remain in the UK until the RP expires without anyone really knowing that my sponsor EEA national is no longer in the UK. However, I guess it will lead to complications after that time period has expired ?.

Any comments will be greatly appreciated

Cheers

If you can get a sponsor, yes you can apply for a Tier 2 but you have to apply from your home country.

If you think changing to Tier 2 will be too stressful for you, why don't you ask your sponsor to just think of any small legitimate business to invest on, in the UK as a self employed person/franchise in his name and you could be managing it on his behalf likewise business account can be monitor by him in Dubai

He's allow to be out of UK for maximum of 6 month in year and he can come to the UK to see how the business is going with you till you qualify for your PR, not necessarily a big business, all he need to do is to register with HMRC as a self employed and pay compulsory National Insurance Contributions and Tax depending on profit making and if no profit then no tax, but only pay NI contribution @ £3.00 P/W i think. However, it depend on your self which route you want to take, this is just my opinion which i think could be helpful if you can think over it.

All you then need will be. NATURE OF THE BUSINESS
REGISTER WITH HMRC
BUSINESS CARD
BUSINESS ACCOUNT
INVOICES
NATIONAL INSURANCE CONTRIBUTION STATEMENTS
SALES RECORD BOOK.
ACCOUNTANT LETTER IF YOU CAN'T DO THE SUM YOURSELF.
SELF ASSESSMENT FROM HMRC.

Have a deep thought about it and good luck.

Garth1989 wrote:Hi Everyone

This may seem like a strange question but it is a potential reality for me. I am currently on a RP as of September 2015.I applied as a dependent child over the age of 21years. My EEA sponsor (my father) is potentially going to leave the UK during the course of this year in order to pursue a business opportunity in Dubai thus will no longer be exercising.

My question is how does this effect my immigration status ?. I see that in order for me to obtain PR in a few years time I will need to show that my sponsor EEA national has been exercising treaty rights during that period . I am finishing a very specialised financial qualification in June next year and will be looking to work in the UK after that, is it possible to switch to a Tier 2 visa from RP in order to remain in the UK in my own capacity ?. In practice I could remain in the UK until the RP expires without anyone really knowing that my sponsor EEA national is no longer in the UK. However, I guess it will lead to complications after that time period has expired ?.

Any comments will be greatly appreciated

Cheers

If your sponsor leaves UK you are correct, you will have no basis to reside, work or study in UK under EU rules.

Whether your status changes immediately or 6 months after sponsor leaves is open to question.
But your PR clock will certainly stop.
Technically your RC will be null & void when sponsor ceases to exercise treaty rights.

To switch to umbrella of UK Immigration Regulations you have 3 broad routes:

• work/T2 (as you have intimated);
  study/T4];
  family route (matrimonial);

There is an option to retain rights of residence (RoR) if Regulaton 10(3) applies.

See HO guidance:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- see page 10+

A direct descendant will meet the conditions of regulation 10(3) when:
...
they were attending an educational course in the UK immediately before the qualified person, or the EEA national with a permanent right of residence,
died or ceased to be qualified and they continue to attend that course.

.

Thank you for your responses everyone.

I think I'm going to look into the retained right of residency route. My sponsor is going to work for a multinational corporation in Dubai, so setting up a business for me to manage might be a bit tricky.

noajthan wrote:There is an option to retain rights of residence (RoR) if Regulaton 10(3) applies.

See HO guidance:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- see page 10+

A direct descendant will meet the conditions of regulation 10(3) when:
...
they were attending an educational course in the UK immediately before the qualified person, or the EEA national with a permanent right of residence,
died or ceased to be qualified and they continue to attend that course.

.

Iv had a look at the retained right of residency documentation. It only makes reference to a child a of an EEA nation and not to a dependent child 21 years and over. According to what I can make out from it, every member of the family is basically eligible for RoR i.e divorced spouse, parents, grand parents, grand children etc if they can meet the requirements of the sponsor leaving the Uk or them dying,,, except for a child over the age of 21 years !!. Im not sure if I am reading it correctly ?, but thats the way its seems.

I qualify under every requirement such as in being in an educational course and will be continuing education as well as having lived with the EEA national for more than a year, except that I am no longer technically a child of the EEA national if the age requirement is 21 years and under.

Garth1989 wrote:Iv had a look at the retained right of residency documentation. It only makes reference to a child a of an EEA nation and not to a dependent child 21 years and over. According to what I can make out from it, every member of the family is basically eligible for RoR i.e divorced spouse, parents, grand parents, grand children etc if they can meet the requirements of the sponsor leaving the Uk or them dying,,, except for a child over the age of 21 years !!. Im not sure if I am reading it correctly ?, but thats the way its seems.

I qualify under every requirement such as in being in an educational course and will be continuing education as well as having lived with the EEA national for more than a year, except that I am no longer technically a child of the EEA national if the age requirement is 21 years and under.

Adult 'children' (over 21) are still classed as direct family members if there is a demonstrable/proven dependency on the sponsor.

My understanding is RoR can apply if the education path from school to college/university has been uninterrupted.

noajthan wrote:

Garth1989 wrote:Iv had a look at the retained right of residency documentation. It only makes reference to a child a of an EEA nation and not to a dependent child 21 years and over. According to what I can make out from it, every member of the family is basically eligible for RoR i.e divorced spouse, parents, grand parents, grand children etc if they can meet the requirements of the sponsor leaving the Uk or them dying,,, except for a child over the age of 21 years !!. Im not sure if I am reading it correctly ?, but thats the way its seems.

I qualify under every requirement such as in being in an educational course and will be continuing education as well as having lived with the EEA national for more than a year, except that I am no longer technically a child of the EEA national if the age requirement is 21 years and under.

Adult 'children' (over 21) are still classed as direct family members if there is a demonstrable/proven dependency on the sponsor.

My understanding is RoR can apply if the education path from school to college/university has been uninterrupted.

Thank you noajthan, Im going to investigate this route an see what happens, I might contact a solicitor in order to get their opinion.

The right to continued education cannot accrue towards PR and neither can you reside in the UK on completion of the educational course.