EEA PERMANENT RESIDENCE REFUSED BECAUSE OF DEPENDANCY

[chevy]

I have applied for permanent residence as a family member of an EEA national. I live on my own and i currently claim benefits as i cannot work because no one would accept my COA. I did not fill out the section about dependancy as I did not know it applied to me now my application as been refused because i did not provide evidence that I am dependant on my sponsor. I do currently get financial support from my mother but the transactions come from my brothers bank account every month and my mother buys my kids clothes every month. I want to appeal this in the court but i dont know if my case is strong enough. I cannot afford a laywer atm so i just wanted to know a few things:

1 Are my brothers bank statements proof of dependancy as i cannot prove my mother has given him back the money as she would have done so with cash or buying him stuff his asked her.

2 Am a still classed as dependant even though my eesential needs are met by a family member other than my sponsor (if i cant prove my mom gave me the money via my brother i would rather not complicate things if i can just say my essential needs are met by my brother who lives with my mother)

3. Do i need to prove the money given was for essential needs like gas electrics and food and how do i prove it without receipts

4. When i go for my appeal what is the best evidence to take to show dependancy and am i allowed to receive benefits + finacial support?

5. I do have a job lined up and an email from the company stating when I get my permanent residence the can offer me the position as I have done the interview and sercured a position.

6 Do i need a solicitor ?

[secret.simon]

How old are you? What is the immigration status of your family, including your sponsor? What are their/your nationalities? When did you/they arrive in the UK?

[chevy]

I am 25years old currently hold a zimbabwean passport with a 5year residence card and I arrived to england june 2004 when I was 12. My mother is a irish national and she hasnt yet done her permanent residence.

I am a zimbabwe citizen
My mother is an irish citizen

[secret.simon]

My mother is a irish national

Is your mother resident in the UK? How is she exercising treaty rights? Does she work, is she studying or is she self-sufficient?

How has she exercised treaty rights between 2004 and now? Also list her absences from the UK.

[chevy]

yes she is in full time employment.. she has exercised her treaty rights and she is still working the problem is not her its my situation. yes she lives in uk but we do not live in the same house I had to move out due to being overcrowded. she has no absencses and shes worked throughout but they only want 5years of her work history.

[secret.simon]

Was your mother always an Irish citizen or did she acquire Irish citizenship in the recent past? If the latter, when?

If she can provide proof of five continuous years of work before you turned 21, then you do not need proof of dependency.

I arrived to england june 2004 when I was 12

If she can provide proof of having worked for five years from June 2004 to June 2009, for example, then you do not need to prove dependency. Just that proof and proof of your relationship to your mother is sufficient. It would also be worth getting her PR done.

[chevy]

we have used the last 5years because some companies say they have no record of her working there etc so it was easier getting letters from the companies she worked for. does that work for the 5year residence card aswel where she doesnt have to provide payslips for the past 3months but 3months before i turned 21?

To my understanding as a family member of an eea national excersing her treaty rights I have the same rights as a british citizen unyet its bad on my application that I have been receiving income support. I called the home office and explained my situation and asked if I am entitled to benefits and they said its upto the jobcentre. I have had countless job offers but with my residence card issued before biometrics companies have refused to let me work saying my visa is invalid and no one accepted my COA saying they dont know the outcome of my application. Like ive said i have had help from my mother finacially but my brother has made the transfers with his bank account as it was easier for us. Am thinking of appealing this in court maybe if a judge hears what a hard time ive had in the past 5years he mind go soft on me!

[Obie]

When you arrived in the UK at age 12, was your mother living and working in the UK, and was she an Irish Citizen then?

You best chance will be finding a continuous 5 years period between the age of 12 when you entered the UK, and before you turned 21.

Otherwise i do not personally believe there is a way out for you.