18 years old with permanent residence to expire June

blabla · Post by **blabla** » Sun Jun 24, 2012 1:38 pm

Hi: I come to live to Uk on a EEA family permit, got my residence card 2007 to 2012, i am going to apply for my PR. But got a question, my stepdad is not longer living with mum, they're not divorced. mum got her PR 2010. How can I aplly for my PR?? still in full time education and living with mum. Both of us non-eeu. I am going to send ID for eeu,marrieage certificate of mum and stepdad,my birth certificate,my passport,school and college letters to probe im still in education. but do not have any more documents, i have read on the website and it say if i got the 5 years residence do not need more documents, also my mum has her PR. It will be enough or it is a risk for me not to have it??? . on what circumstances do I have to apply?? if they still married??? but no longer living together and stepdad gone and i have not seen him for quiet long time.

Post by **Directive/2004/38/EC** » Sun Jun 24, 2012 2:19 pm

You are probably going to want to work and move into and out of the UK. So you will likely want it.

Why did you mom get her PR in 2010 and you in 2012? Did she move to the UK first?

blabla · Post by **blabla** » Sun Jun 24, 2012 2:34 pm

yes, she did come in 2001, I come in 2004 got temporal residence until 2007 and then another one for 5 years 2007 to 2012, when she applied for her PR they did not send mine because I still on residence card. They were confussed also. Now im 18 and we dont know what to do. So will I just apply for PR on EEA4?? I think I have got the necesary documnets except my step dad (EEU) papers from work, but mum has been working fulltime and supportimg me. Also I have been studying and working.

thsths · Post by **thsths** » Sun Jun 24, 2012 4:11 pm

blabla wrote:yes, she did come in 2001, I come in 2004 got temporal residence until 2007 and then another one for 5 years 2007 to 2012, when she applied for her PR they did not send mine because I still on residence card. They were confussed also. Now im 18 and we dont know what to do. So will I just apply for PR on EEA4?

I think what you should have done is apply for registration of citizenship. You can do that if you are under 18, and at least one of your parents holds PR. Correct me if I am wrong, but I think the opportunity of this has passed. (And it does cost serious money, too.)

Now you can apply for PR based on 5 years residence, if you stayed here legally for 5 years under European law. That does require some amount of paperwork, but it is not really a difficult process. You are over 18, so you can apply by yourself with your mother as the sponsor - no further person has to be involved.

blabla · Post by **blabla** » Sun Jun 24, 2012 7:35 pm

Hi: Thanks for all your answers, but before i turned up 18 we wanted to apply for BC but we though I may could not have it as neither of my parents have it, mum mum have hr PR but we though it always has to be the EEA . That's what happened with so many laws and papers. But ok, now is to late and I can apply for PR anyway, so should I apply on the EEA4 form and write my mums name details as my sponsors although it says in the form "my EEA sponsor details".??? I have to clarufy that my mum and me are non-eeu. But my mum has got her PR.

Post by **Jambo** » Sun Jun 24, 2012 9:51 pm

Your sponsor is the EEA national and not your mother. Does he have a PR card? That would make the application simpler. If not, you will need to provide evidence of him exercising treaty rights for 5 years.

blabla · Post by **blabla** » Sun Jun 24, 2012 10:02 pm

This is sooo complicated. My mum and me are not eeu. My stepdad is and I dont know if his got his PR or not I have not seen him for quiet long time but he had his residence. My mum is not an eeu But she is got her PR back in 2010. I am her dependent and I am 18 now in full time education also i do work part time. So should i apply under EEA4 form or which apply for me?? . If my mum which is a non eeu with PR become my sponsor what form should I use???

Post by **Jambo** » Sun Jun 24, 2012 10:19 pm

You might be dependent on your mother but only EEA national can sponsor applications under EEA regulations. It doesn't matter that your mother has PR if you make application under the EEA rules.

Would you be able to produce the same evidence that your mother used when she got her PR? You can reuse it if you get hold of it.

thsths · Post by **thsths** » Sun Jun 24, 2012 10:51 pm

Jambo wrote:You might be dependent on your mother but only EEA national can sponsor applications under EEA regulations. It doesn't matter that your mother has PR if you make application under the EEA rules.

Indeed - it was not clear to me that the step dad was the EEA national. I do not see an easy way out of this situation.

Is you mum applying for citizenship? That may be another opportunity, but only if your residence card is still valid.

Post by **Directive/2004/38/EC** » Sun Jun 24, 2012 11:06 pm

blabla wrote:yes, she did come in 2001, I come in 2004 got temporal residence until 2007 and then another one for 5 years 2007 to 2012, when she applied for her PR [in 2010] they did not send mine because I still on residence card.

When did your mother marry the EU citizen?

In 2004 you became resident. If you then remained resident in the UK, you likely automatically got PR in 2009, and could have applied at the same time as your mother.

Remember that the PR card is just a plastic confirmation of something you got automatically by qualifying.

The good news is that UKBA likely already has all the evidence about the EU citizen "having exercised treaty rights" in the form of your step dad's file or your mom's PR application file.

blabla · Post by **blabla** » Sun Jun 24, 2012 11:41 pm

My mum got marry in July 2003, I have got family permit in 2003 to 2004 to come to UK and join them, then we apply again for my visa and they extend the family permit for one more year 2006-2007, then we apply again and they give me residence document 2007 to 2012, so I should have had it automatically by now, but my question is how I am going to apply for PR now??? should I use EEA4, I have got only my passport,school and college letters to probe i have been here for more than 5 years, my payslips and P60 for one year as i am working also, my mums P60 for 6 years, my stepdad ID card , they're marriage certificate, but not probe of his job for 5 years. Please somebody can tell me what to do???. I really appreciate your answers but still not clear for me. My mum is going to aplly for BC but not yet and my RC is going to expire next week.

Post by **vinny** » Mon Jun 25, 2012 12:08 am

Use EEA4, with same proof of EEA citizen exercising Treaty rights for at least 5 years.

thsths · Post by **thsths** » Mon Jun 25, 2012 7:21 am

blabla wrote:should I use EEA4, I have got only my passport,school and college letters to probe i have been here for more than 5 years, my payslips and P60 for one year as i am working also, my mums P60 for 6 years, my stepdad ID card , they're marriage certificate, but not probe of his job for 5 years.

If you have his ID card, it is indeed worth trying to apply for EEA4. The evidence of his job should have been part of your mother's application, so you can refer to that. I guess you should include a copy of her permanent residence card, too.

blabla · Post by **blabla** » Mon Jun 25, 2012 11:02 am

Thanks guys, I guess I will have to do it that way, I will send my application today. But one more question, Can I choose the option about the 5 years exercising treaty rights that he is been sponsor by a family member and send my mums P60. can that be an option???. As I can not write that he has got his permanent residence as i do not know .

Post by **Directive/2004/38/EC** » Mon Jun 25, 2012 2:13 pm

blabla wrote:Thanks guys, I guess I will have to do it that way, I will send my application today. But one more question, Can I choose the option about the 5 years exercising treaty rights that he is been sponsor by a family member and send my mums P60. can that be an option???. As I can not write that he has got his permanent residence as i do not know .

I would urge you to spend a few more days figuring this out and not send the application today. I think personally that you need to be very clear in the following three things:

You need to figure over which exact period you are claiming you got PR. e.g. 13 Sept 2005 to 13 Sept 2010.

You need to figure out which evidence you will be sending, and which evidence you want UKBA to look up on their files.

You need to write a cover letter to UKBA to tell them that this is the period, here is the evidence I am providing, and here is what is in your files.

blabla · Post by **blabla** » Mon Jun 25, 2012 3:52 pm

Hi: It is a bit tricky and horrible stressful, As I said,my mum got her PR back in 2010 so until then they have information in her file, after that there is not information about my stepdads jobs, is being very difficult to get those papers. so the only thing I can do is to apply and send my mums P60s as she is being supporting me for the las few years. Also I have been working. I do think the period is the same as in my Resident document which is jun/07 to jun/2012.Altough I have entry clearance in 2003 to come to UK. Apart of that I got not idea what to do. im sending the letters from my school and college.Is not that enough???

Post by **Jambo** » Mon Jun 25, 2012 5:28 pm

Your mother P60s won't help (even if you are dependent on her).

There is no need to provide recent employment proof for your step father. If your mother has obtained PR in 2010, it means your step father has acquired PR as well. As long as he has no left the UK for more than 2 years, his status remains. He doesn't need to be in employment.

blabla · Post by **blabla** » Mon Jun 25, 2012 6:01 pm

Ok, you probably right. But in the EEA4 say I have to provide a document to probe his got his PR. can I write to HO and tell them to check his file or is that bad. is there anyway to ask about it before I send my papers at the HO.???. and to probe he has not being out of UK very difficult as we have not ear from him.

Post by **Jambo** » Mon Jun 25, 2012 6:12 pm

The application is free so no harm writing a letter explaining that you can't locate the PR card but they should check their files. I don't see any issue with that.

When exactly did your mother apply for PR in 2010? Did she use evidence for your stepfather from 2010? If no more than 2 years passed since, you don't need to prove he was in the UK as he is allowed to be upto 2 years abroad without affect his PR. Can you prove he was in the UK sometime towards the end of 2010? Or anytime during 2011? One proof (even for one day) would be enough.

thsths · Post by **thsths** » Mon Jun 25, 2012 7:42 pm

Jambo wrote:The application is free so no harm writing a letter explaining that you can't locate the PR card but they should check their files. I don't see any issue with that.

It is free, but it is not without risk. So I agree, this should be planned carefully. For example one of the questions is when the dad was present (or absent) in the UK since 2010?

Can you prove he was in the UK sometime towards the end of 2010? Or anytime during 2011? One proof (even for one day) would be enough.

In theory yes, but this is a risky argument. I would not be surprised if this goes to an appeal.

blabla · Post by **blabla** » Mon Jun 25, 2012 7:59 pm

by 2010 he was here with us but he left us,I have checked everysingle document. Not even the same address as my mum and me moved, Afterwards we cleared up the house, we just have old papers but nothing recently. I have been trying to call his previous jobs but they did not give me nothing as it has to be personal. I imagine also he took a lot with him. I do not know.

. What I have got is what i have found. I have got a letter with his permit number and HO reference back in 2003.

blabla · Post by **blabla** » Mon Jun 25, 2012 8:31 pm

Can not I applied in my own terms now that I become 18?? I am in full time education but also I have been working. So I can probe I have been here for more that 5 years.

Post by **Directive/2004/38/EC** » Mon Jun 25, 2012 8:39 pm

blabla: Do you have a full copy of your mom's PR application? If not you should immediately request your mom's file using a SAR: http://www.ukba.homeoffice.gov.uk/navig ... onal-data/

Everyone else: Please convince me why this applicant needs to provide any evidence that the EU citizen has been exercising treaty rights. He was a minor child when he got PR. His mom, who he has lived during this entire period, applied and got her confirmation. Could he not say effectively: (1) I was resident with my mom from 2004 until 2012, which includes the period during which she applied for her PR (2) The same proof of the EU citizen's work, which applied for my mother, also applies for me."

blabla · Post by **blabla** » Mon Jun 25, 2012 9:05 pm

That is what I think, but not sure. my mum was just waiting the time for my residence to expired so I could apply for PR, thinking it should not be a problem as evrything should be in her file anyway. i will try to request her file. But im worried cos my residence is going to expire very soon. Thanks guys for all your comments i feel ive got someone to share my worries with.

Post by **Directive/2004/38/EC** » Mon Jun 25, 2012 9:28 pm

blabla wrote:That is what I think, but not sure. my mum was just waiting the time for my residence to expired so I could apply for PR, thinking it should not be a problem as evrything should be in her file anyway. i will try to request her file. But im worried cos my residence is going to expire very soon. Thanks guys for all your comments i feel ive got someone to share my worries with.

She will have to request her SAR.

If you have PR, then it does not matter whether your old card is expiring or not. It is fully optional. Except if you need to prove to your employer that you have the right to work, or you want to travel.

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18 years old with permanent residence to expire June

18 years old with permanent residence to expire June