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Buachaill, Barrister
Category: Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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I would like to ask you question about permanent residency

Resolved Question:

I would like to ask you question about permanent residency application. I am the EEA national and have been living in the UK for 5 years but my children, who are less than 16 years old, will be 5 years at the end of the next month (since then they have been in the UK for all time, so did not go abroad even for single day). Can I apply for certifying permanent residence now for my children?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Sorry with that question I added information that my children have got wards of court (I am apologizing if it is already in your evidence, in my evidence I can't see it)
Expert:  Buachaill replied 1 year ago.

1. Yes, you can apply for permanent residence card for each of your children based on their five years living in the UK. This is a first step for obtaining UK citizenship for them, if that is what you want. Essentially, each of your children, if they don't have UK citizenship must have a permanent residence card for one year before they can submit a UK citizenship application.

Expert:  Buachaill replied 1 year ago.

2. Be aware that you should also obtain a UK permanent residence card if you wish to claim UK citizenship based on five years residence in the UK. So you should also be making this application for a UK residence card.

Expert:  Buachaill replied 1 year ago.

3. Here is the application form

Expert:  Buachaill replied 1 year ago.

4. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Customer: replied 1 year ago.
Hello Mr Buachaill,
Thank you for your effort to put in my question. Sorry, if I did not put my issue on understandable way, maybe it is better if I state basic issue with capital letters, hopefully you do not mind that. My problem is not procedure of applying for permanent residency card and later citizenship (but thanks for your effort anyway), but the time when I can apply for my children. You stated I can apply for them based on the 5 years living in the UK, the trick is that MY CHILDREN HAVEN'T BEEN here for 5 years (they came on 18.8.2011 and have being here for all days since), but I HAVE BEEN here for 5 years (I can apply from 16.7.2011, since then I went back to my previous country only for 14 days to pick up them, so I can apply from 16.7.). From legal point of view my children have been living with me from their birth but obviously for time me being in the UK at very beginning, what was about 3 weeks in 2011, they were physically with my relatives in my previous country. Based on this I would like to ask you: CAN I APPLY FOR MY CHILDREN TOGETHER WITH ME ON/FROM 16.7.2016 OR DO I NEED TO WAIT FOR THEM UNTIL 18.8.2016. There is a month difference which brings a month difference also for citizenship, with current politic situation this time can be crucial for us. Thank you very much for your answer.
Customer: replied 1 year ago.
Hello Mr Buachaill,Thank you for answering and remainder about rating, on the website I left the same question in different words because from your answer I am not sure if my question was understood correctly. Could you please reply on it, so also I can complete my part of the procedure.
Expert:  Buachaill replied 1 year ago.

5. You need to wait until 18.08.2016 before you can obtain a Permanent Residence certificate for your children. Essentially, time only begins to run from when they came into the UK. If they werent' in the UK before the 18.08.2011, then you cannot make an application based on that date. So, whilst you, personally, may apply from July, your children need to wait until August before they can make their application. This is because their five years continuous residence did not begin before then.

Customer: replied 1 year ago.
Thank you for your answer, that sounds reasonable. Related to the start date, may I ask you, does the fact that they have got Wards of Court (until they are 18 years old) have any impact? I was instructed by solicitor that legally speaking my children belong to the court and not to me; so I need to ask the court for permission on all important their matters or changes what includes also going abroad. Could this go in correlation with the right to ask for their permanent residency?
Thank you for any answer.
Expert:  Buachaill replied 1 year ago.

6. Children being in Wardship essentially means that the court adopts a protective role. However, that cannot alter the date on which they came into the UK. So, it has no bearing on when the five years begins, as residence is required. However, the court won't interfere with you obtaining Permanent Residence for the children. I would inform it. But it won't interfere here, as this is for the children's benefit.

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Customer: replied 1 year ago.
Thank you. I appreciate your clear answer, I am more than happy to rate it above the credit threshold.