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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My daughter is non-EU citizen and resides in UK as dependent

Resolved Question:

My daughter is non-EU citizen and resides in UK as dependent of EU citizen since September 29, 2010. She is 20 years old and a full time University student. She has got a residence card of a Family Member of an EEA National.
I am as a father not qualified yet for permanent residency as I do not meet 5 year residency requirement because I was traveling too much that year and was absent more than 450 days if we calculate qualification period from September 2010 unto now. All other requirements such as Job, comprehensive insurance, home, links to UK are all in place as per regulations.
My daughter is OK for that. She was almost all time in UK without any absence.
Can she apply for permanent Residency independently from me as Sponsor in September 2015 or she has to wait until I will apply for Permanent Residence myself once I can do that?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patienc.
When did she obtain her residence card please?
Kind regards
Tom
Customer: replied 2 years ago.
Entered UK 5th September 2010. Formally delivered application to UKBA on 06th September 2010. UKBA accepted receipt 20th September. The card itself was issued 19th December 2010.
Regards
Expert:  Thomas replied 2 years ago.
Hi,
Thanks. I will be able to answer at 930am..
Kind regards,
Tom
Expert:  Thomas replied 2 years ago.
Hi,
Sorry, one last question.
What were the reasons for why you were outside of the UK? Was it exclusively due to your job in the UK?
Tom
Customer: replied 2 years ago.

The reason was simple I was travelling out of UK for business and sometimes for private reasons.

The daughter remained in UK attending a school.

I did not breach the residency absence or other requirements. I can apply myself for permanent resident card only in January 2016 or later when my days are OK for 5 years qualifying period or not to apply at all as it is not obligatory for EU citizen who can be qualified as permanent resident automatically after 5 years interrupted period in UK.

The question is simple - can she apply on her own or she must wait for me?

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
No. She must wait for you to apply for permanent residence and then apply for it herself. So, you should apply for confirmation of PR at the earliest opportunity, which seems to be January 2016. Then your daughter should apply for PR immediately after.
I would suggest that if her residence card is to run out before January 2016 that she applies for a further residence card at this.
Provided you apply for PR and she also does she will be fine if you are both eligible at the time you apply.
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
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