5 year qualifying period for PR?

[patparasa87]

Hi all,
Hope someone will sort out my brother PR issue?

My brother applied EEA family member in Jan 2016
After 6 months it got refuse with appeal rights
We did appeal against this decision and had hearing March 2018.
Now he got eea family permit from July 2018 till July 2023.

When will he qualify for PR on a 5 year route, isit from the day he got Permit i.e July 2018 or the day he made his application for eea family member?
Will HO count this appeal waiting time as cont 5 year period?

your feedback much appreciated.
Thanks for spending time on reading mine.

Thank you very much..

[CR001]

What is his relationship to the EU sponsor??

[secret.simon]

What is the basis of his EEA application? Is he married to the EEA citizen sponsor or did he apply as the unmarried partner or an extended family member of the EEA citizen sponsor? Also, what was his UK Immigration status before he got the Residence Card?

EDIT: Beaten by CR001.

[patparasa87]

Thanks for taking time to response my queries.

He is Son to EEA Nationality.
He came to UK in 2014 under Tier 4 Student VISA. It was valid till Feb 2016. After that he applied for Direct EEA family member.
He is single.

Hope that helps

Thanks

[secret.simon]

How old is your brother? Is the EEA citizen parent exercising treaty rights in the UK and if so, how? Or has the EEA Citizen parent acquired PR in the UK?

[patparasa87]

Once again thanks for your response.

My brother 25 years old. My dad still exercising his treaty rights in UK as Deutch nationality. He didn't got PR yet.

Thanks

[patparasa87]

Hello everyone,

is anybody face this situation before or has any solution for this?
Much appreciated for your feedback.

Thank you so much

[patparasa87]

Hi,

Is anyone would suggest any idea on this issue please?
Your feedback are much advisable.

Thanks in advance

[secret.simon]

My brother 25 years old.

Presumably that means that he was 23 years in 2016, when he applied as the family member of an EEA citizen. Was he (and has he remained) dependent on the EEA citizen father and if so, what proof of dependency does he have?

When did the EEA citizen father move to the UK and start exercising treaty rights? Was your brother dependent on him throughout?

[patparasa87]

Thanks for your response.

He already got EEA family member permit. And his father still in UK since Jan 2016 and he is working.

Our confusion is his 5 years qualifying period for PR is when he got EEA family permit (July 2018) or When he made his EEA family member application (Feb 2016)?

the reason why we have this confusion is, In tha EEA family member PR application they didn't ask when did he got EEA family member Permit rather then that they did ask when did my brother and his father enter into UK?

From this can I say that his qualifying period is from Feb 2016?

Thanks

[secret.simon]

His five year period starts from the time the EEA citizen father started exercising treaty rights, provided that your brother has been dependent on his EEA citizen father throughout the five year period.

[sheikh787]

His five year period starts from the time the EEA citizen father started exercising treaty rights, provided that your brother has been dependent on his EEA citizen father throughout the five year period.

Hi Everyone

Simon can you please advice me,
My case is very similar to patprasa brother,
I am Married to EU national we moved to uk in July 2014, I had 6 months EU famly member visa which I got from United Kingdom's embassy in Itlay.
I applied for my PR in October 2014 but after 6 months they sent me refusel with right of Appeal.
I lodge my appeal in September 2015 and we went to court in February 2016.

There i won the appeal nd than I granted PR in February 2016 (renewal date is February 2021).
When will i qualify for PR on a 5 year route. isit from the day i got Permit i.e February 2016 or the day i entered to Uk ?

Thank you for your advice
Kind regards