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EEA residence

Posted: Thu Jan 05, 2017 9:30 pm
by lulusik369
Hi,
I am EEA nationality living here 12 years, have two young british children. Can I apply for permanent residence like mother of two british kids? I got refusal letter because my income is low and I not qualify person for treaty rights.

Re: EEA residence

Posted: Fri Jan 06, 2017 7:44 am
by Raff113
Even if your children are British Citizens you would have to have exercised treaty rights for 5 years as a qualified person in order to gain permanent residence under EEA route. Qualified person is someone who is a worker, self employed (MET test applies I think), student and self sufficient person ( the latter two have to have CSI insuranse in place in order to qualify).

Re: EEA residence

Posted: Fri Jan 06, 2017 8:15 am
by lulusik369
Raff113 wrote:Even if your children are British Citizens you would have to have exercised treaty rights for 5 years as a qualified person in order to gain permanent residence under EEA route. Qualified person is someone who is a worker, self employed (MET test applies I think), student and self sufficient person ( the latter two have to have CSI insuranse in place in order to qualify).
I working as self-emploed from 2008,had registration certificate from 2010-2015,Worked as employer from 2004-2006 but had a gap as maternity leave. reason for refuse my low income.from 2014 earning must be £149 per week.I have less than 149 because looking after kids one is disable and I receiving Carer allowance.

Re: EEA residence

Posted: Fri Jan 06, 2017 8:36 am
by noajthan
What is other parent's status?
Location?
Parental responsibility?

Zambrano may apply.
However derivative rights don't lead to PR.
And with Brexit looming there is now no time to acquire PR status in any other normal way.

See https://www.freemovement.org.uk/zambran ... s-at-last/

Re: EEA residence

Posted: Fri Jan 06, 2017 10:23 am
by lulusik369
noajthan wrote:What is other parent's status?
Location?
Parental responsibility?

Zambrano may apply.
However derivative rights don't lead to PR.
And with Brexit looming there is now no time to acquire PR status in any other normal way.

See https://www.freemovement.org.uk/zambran ... s-at-last/
Iam residence for children.Their father is British and living in UK.Left him as domestic violence.
Derivative rights only for short time and need to proof my ability to pay for my life without public funds.
I thought that I can apply as family member as a parent of British children.My son is disable and I am primary care for him.

Re: EEA residence

Posted: Fri Jan 06, 2017 10:56 am
by noajthan
lulusik369 wrote:
noajthan wrote:What is other parent's status?
Location?
Parental responsibility?

Zambrano may apply.
However derivative rights don't lead to PR.
And with Brexit looming there is now no time to acquire PR status in any other normal way.

See https://www.freemovement.org.uk/zambran ... s-at-last/
Iam residence for children.Their father is British and living in UK.Left him as domestic violence.
Derivative rights only for short time and need to proof my ability to pay for my life without public funds.
I thought that I can apply as family member as a parent of British children.My son is disable and I am primary care for him.
On EU route it is Zambrano/derivative rights option if you are not a qualified person (and you say HO has determined you are not).

Not sure if you can jump ship to UK domestic Regs and switch to FLR(FP).