axeman85 wrote:Father has lived previously in EU country (Germany) for over 15years. Moved to the uk around 1999/2000 had valid RC with 2years left to expire.
I moved to the uk in 2005 with 2years FP at expiration was given another 1year and around 2009/2010 step mum moved back to Germany after we including dad issued 5years RC.
From 2005-2010 step mum was living and working in the UK. But was only on partime basis as dad was working full time
Step mum Stopped exercising treaty rights in late 2010
...
RC expired in 2013 and dad had already acquired his German passport in 2012 already.
I am 29 years old. Was 21 in 2009
Dependant now on dad since 2013 prior to that was step mum as was in full time education from 2005 till 2010.
Dependant Since 21 till date.
Living with dad throughout since 2005 together. I don't even have any bills in my name m, all his.
...
Yes I am working now since September 2015. But wasn't doing anything significant from 2011 to 2015 due to my accident
What was your father's wife (your step-mum) doing in UK from say 1999 or 2001 onwards? Was she there with her husband in UK?
Was she exercising what could be seen as 'treaty rights' in any period in UK up to or after 2006?
Say from 2001 - 2006?
Or from 2005 - 2010?
If so father may have acquired PR already (with his wife as EEA sponsor) during some earlier qualifying 5 year period.
Have you looked into that?
Have you got documentary supporting evidence?
You mention mother working part-time in UK from 2005 - 2010.
But moved back to Germany in 2009. How long for? Was that temporary? less than 6 months? with a brief return in 2010?
Have you explored whether you have acquired PR via step-mother/sponsor (from 2005 - 2010)?
Is that a period that previously failed for a sister's EU-related application? (or was that due to another time period?)
From 2009 (age 21) to 2010 how were you dependent on step-mother as your sponsor?
Was it financial dependency and do you have supporting evidence?
It seems you had no sponsor from 2010 to 2012 (when step-mum returned to Germany).
Is that when the part-time work started?
Was it
genuine and effective work? (with supporting evidence?)
So father became a Union citizen (German) in 2012 and you his dependent in 2013.
Again do you have the supporting evidence of this financial dependency?
If father retired in 2013 (at retirement age) did he have a full year of work as an EEA national in UK before retiring?
He clearly lived in UK at least 3 years before retiring - but not as an EEA national.
Not sure if that is a problem.
Elsewhere you mention father retired in 2014. Was it 2013 or 2014?
If father really has not acquired PR previously then Reg 5 may work for him now.
The question is around his 3 years prior residency in UK. Does being non-EEA for part of that time matter?
For you, if you only became father's dependent as a
direct family member (financial dependent) in 2013 do you qualify under Reg 5 with sponsor retiring in same year (2013)?
Again
if sponsor/father qualifies with his residency. Not sure.
You have clearly been a member of father's household for much longer; certainly since 2012 when father became a Union citizen.
But that would make you an
extended family member of your sponsor.
Not sure if Reg 5 can apply to an EFM
Takeaway and next steps:
1) Clarify year of father's retirement: 2013 or 2014.
2) Research needed to see if father acquired PR (ages ago) with EEA wife as sponsor.
OR
3) To find out if Reg 5 applies to father based on father's residency in UK
as a non-EEA as well as EEA national up to 2013 (/2014).
4) Did you acquire PR via step-mum/sponsor (2005-2010)?
OR
5) Can you acquire PR via father based on Reg 5 (if Reg 5 applies for father).
Depends on precise timings in 2013 (/ 2014).
May be helped by your previous part-time work if that can bolt on to the qualifying period.
6) Do you have all necessary documentary supporting evidence for some/all of the above scenarios
If it was 2011 then the 3 years residence clause for Regulation 5 may have been satisfied after all.
