How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7617
Experience:  UK solicitor
28732269
Type Your Family Law Question Here...
Thomas is online now

I have always had a British passport. I was born in

Resolved Question:

I have always had a British passport. I was born in Trinidad. I have been home ow for over 4 years having travelled a lot. My sons both have NZ passports through my ex husband. Jordan born in Gibraltar and James born in France. They too have been resident here for over five years. They are now 19 and 20 years old and both have always lived with me. They have residence cards. very confused about waht to apply for now??
Submitted: 1 year ago.
Category: Family Law
Expert:  Thomas replied 1 year ago.

Hi,

Thanks.

Where have you and your son been recently living, which country?

Tom

Customer: replied 1 year ago.
We lived in Spain when Jordan was born and then moved to France in 1996 when Jordan was 9 months old. we lived in France until coming to the Uk in 2009. They have NZ passports but have not step foot in the country! Because of the failed indefinite leave to remain application, the home office contacted James and told him he was here illegally as his residence card had now expired. we are applying for permanent residence but I cannot understand why they need me to reprove treaty?? I have been home for over 6 years now??
Getting them here was through SS right of movement? Why do they need biometrics and proof of relationship when all that was proved to get them here???
Expert:  Thomas replied 1 year ago.

Hi,

Is you UK citizenship the only citizenship you hold?

Customer: replied 1 year ago.
I have had a british passport since birth
Customer: replied 1 year ago.
used to have a NZ passport when I was married to their father but it has lapsed
Expert:  Thomas replied 1 year ago.

Hi,

Okay. Did you apply for a family permit for your children in 2009 just before you traveled to the UK?

Customer: replied 1 year ago.
I came over first and found a house and a job then they joined me. James first then Jordan once he had finished his Bac. I had problems that where sorted by contacting my MP and using a lawyer IAS Bristol. The initial applications where refused in error and i have an apology from the home office to this end.
Customer: replied 1 year ago.
They both have ' residence card of a family memebr of an eea national
Expert:  Thomas replied 1 year ago.

Thanks. Drafting your answer now. 5mins please.

Expert:  Thomas replied 1 year ago.

Hi

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.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kind regards,

Tom

Customer: replied 1 year ago.
why do i have to reprove thier relationship to me if we did all this when they came over??
Expert:  Thomas replied 1 year ago.

Hi

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.

Tom

Customer: replied 1 year ago.
ok, so they want my work history since coming home?
Expert:  Thomas replied 1 year ago.

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

Customer: replied 1 year ago.
that will cost more than i have right now so not an option. so to clarify, exercising my treaty rights is proof I am working? do i need to prove all five years?
Expert:  Thomas replied 1 year ago.

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..

Customer: replied 1 year ago.
ok thank you for your help.
Expert:  Thomas replied 1 year ago.

You're welcome.

Please remember to leave positive feedback.

Good luck.

Thomas and other Family Law Specialists are ready to help you