Where have you and your son been recently living, which country?Tom
Is you UK citizenship the only citizenship you hold?
Okay. Did you apply for a family permit for your children in 2009 just before you traveled to the UK?
Thanks. Drafting your answer now. 5mins please.
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Your children came here under the EEA rules (ie. surinder singh ruling) as the family members of an EEA national (you).
Therefore, they would qualify for Permanent Residence (the EEA equivalent of indefinite leave to remain) provided that you continued to exercise your treaty rights in the UK. You exercise your treaty rights in the UK by working/studying or otherwise being self-sufficient (ie. not being an unreasonable burden the state by claiming excessive benefits.
This is why you are required to prove you have exercised your treaty rights here, because they came here under EEA rules.I expect that they will still be fine provided that you are able to submit evidence of you having worked or studied over the last 5 years, but they are correct in asking for you to prove this.
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Because that was a prior application. They have to check again to ensure that a mistake was not made the first time around. They require complete information contained in each application, it's frustrating but I can see why they do it because it makes the application a lot easier (and quicker) for them to determine.
Yes. Basically because your situation is a bit complicated I would instruct a soliciotr directly to get them to collect/collate all your supporting evidence.Tom
Yes, working is proof of you exercising your treaty rights. You have to submit as much docmuentation which proves you were working over the course of the whole 5 years..
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