Can a 21 year old son be added to EEA PR application

[naija99]

Good morning forum
please could anyone advise whether a 21 year old son can be added to a EEA PR application based on ROR. His father was married to an EEA national and they were both granted a 5 year RC but now his father has divorced the EEA national and wishes to apply for PR based on ROR. Can the son be added as he was 21 years old last month.

[noajthan]

Good morning forum
please could anyone advise whether a 21 year old son can be added to a EEA PR application based on ROR. His father was married to an EEA national and they were both granted a 5 year RC but now his father has divorced the EEA national and wishes to apply for PR based on ROR. Can the son be added as he was 21 years old last month.

Father cannot sponsor son (assuming neither is EEA).
Does son have any relationship with step-mom(?) as it is not son who has become divorced; is mom still son's sponsor?
(but not sure if child can still be considered a step-child if parents have divorced).

If aged over 21 son needs to be financially dependent on his sponsor.
Was son over 21 and dependent on sponsor (stepmother?) before the divorce?

When did divorce happen?
Had all parties been in UK for 5 years before divorce?
How long had sponsor been a qualified person?

[naija99]

Son no longer has relaionship wih step-mum
son was under 21 before decree absolute and dependent
step mum has been a qualified person for over 5 year
theyve all been in uk for over 5 years

[noajthan]

Son no longer has relaionship wih step-mum
son was under 21 before decree absolute and dependent
step mum has been a qualified person for over 5 year
theyve all been in uk for over 5 years

So if all in UK for 5 years before divorce, it looks like son has acquired PR along with father on basis of treaty rights exercised by EEA wife/stepmom.
Both may apply together for confirmation of PR.

Despite the divorce, rock-solid documentary supporting evidence will be required to back the case.
With son under 21 at the relevant time there is no need for proof of his financial dependency on sponsor, just proof of relationship.

[naija99]

Ok
Thank you

[Obie]

OP how long were you married to the EEA national before your divorce was finalised by the issuance of a Decree Absolute?

Notwithstanding the fact that you were both in the UK 5 years ago, the question is whether your Sponsor was married to you 5 years ago, and you were a family member of a qualified person, and hence upon your divorce, you can reasonably qualify under 15(1)(b). otherwise it will be 15(1)(f), depending on the circumstances of the case.

[naija99]

The marriage lasted from 1st January 2010 to 19 August 2016. EEA national was self employed throughout.
The step son turned 21 on 26 August 2016. So I believe step son should be ok, am I right?

[noajthan]

The marriage lasted from 1st January 2010 to 19 August 2016. EEA national was self employed throughout.
The step son turned 21 on 26 August 2016. So I believe step son should be ok, am I right?

PR should have been acquired during Jan 2015.
Both father and son have aced it.

Assuming work was genuine and effective (as per EU law) and that work also passes HO MET test (above and beyond the cleaner, purer EU law).

[Richard W]

The step son turned 21 on 26 August 2016. So I believe step son should be ok, am I right?

You haven't confirmed that the son was already living in the UK at the time of the marriage. There may be complications if the son was not. Was the son's 5 years residence under the regulations completed (a) before the divorce and (b) before turning 21?

[noajthan]

Son no longer has relaionship wih step-mum
son was under 21 before decree absolute and dependent
step mum has been a qualified person for over 5 year
theyve all been in uk for over 5 years

The marriage lasted from 1st January 2010 to 19 August 2016. EEA national was self employed throughout.
The step son turned 21 on 26 August 2016.

[Richard W]

Son no longer has relaionship wih step-mum
son was under 21 before decree absolute and dependent
step mum has been a qualified person for over 5 year
theyve all been in uk for over 5 years

The marriage lasted from 1st January 2010 to 19 August 2016. EEA national was self employed throughout.
The step son turned 21 on 26 August 2016.

Unfortunately, it's all consistent with the son arriving in the UK on 5 September 2011. I hope the last sentence of the first reply quoted should've started "They'd all been...". If the OP were a competent native English speaker, I'd see the reply as evasive. As it is, we shouldn't rely on it being a grammatical error.