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Buachaill
Buachaill, Barrister
Category: Law
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Experience:  Barrister 17 years experience
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I have a question regarding my non-EEA family member

Resolved Question:

Hello,
I have a question regarding my non-EEA family member (father) who currently has a 5 year residence card (family member of an EEA national) as he is financially dependant on me (I was an EEA national with permanent residency when my father joined me and got the residence card).
We would like to apply for Indefinite Leave to Remain for my dad by the end of the five years, but are not sure which forms we should be using as I became a British national during the last five years.
Thank you
Submitted: 7 months ago.
Category: Law
Customer: replied 7 months ago.
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Expert:  Buachaill replied 7 months ago.

1. Your father can apply for Indefinite Leave to remain himself without recourse to you. All he needs to do is to fill in the application form. Here is a link to the UK Government website which he can click through to get the correct application form.

https://www.gov.uk/settle-in-the-uk. His eligibility to become a UK settled person stems from you settling and becoming a uK citizen Here is the relevant page https://www.gov.uk/settle-in-the-uk/y/you-re-the-family-member-or-partner-of-a-british-citizen/yes/on-a-work-visa/any-other-work-visa. The form is Form SET(O). Here is a link to the form https://www.gov.uk/government/publications/application-to-settle-in-the-uk-form-seto

Expert:  Buachaill replied 7 months ago.

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Buachaill, Barrister
Category: Law
Satisfied Customers: 10411
Experience: Barrister 17 years experience
Buachaill and other Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you for the prompt response. I have downloaded the guidance notes for form SET(O) and it lists the categories/routes for the ILR. If you don't mind my follow up question, can you please state which category my father would fall under?
As stated he is my financial dependant and I was an EEA national (did not require a work permit, I was working full time excercising treaty rights when we applied for his residence card) and later on became a british citizen.
Expert:  Buachaill replied 6 months ago.

3. Your father is the family member or partner of a British citizen. That is the second link in the pages I directed you to. As you are now a british citizen, he is the family member of you. This applies even if your father previously was the family member of an EEA national. He now applies in a different category as his situation has changed.

Customer: replied 6 months ago.
Thank you. I've looked again at the second link
https://www.gov.uk/settle-in-the-uk/y/you-re-the-family-member-or-partner-of-a-british-citizen/yes/some-other-way/adult-dependent-relative
I supplied the following answers
What's your situation?
You're the family member or partner of a British citizen
2Did your family member or partner settle before they became a British citizen?
Yes
3How did they settle?
Some other way (I did not choose workpermit as I was an EEA national and exercising treaty rights - working full time)
4What's your relationship to that person?
Adult dependent relativeThe page then stated that
Applying to settle with a British citizen or person settled in the UK
You must do this from outside the UK by applying for a visa as an adult dependent relative before you travel.My father is currently living with me in the UK and it would be extremely difficult to arrange for the visa from outside the UK (Dad is a Syrian national and the dangerous situation where he used to live would mean risking his life). Is there a visa form that could be used to allow him to remain in the UK without applying from outside? Many thanks
Expert:  Buachaill replied 6 months ago.

4. You have got the wrong end of the stick here. Your father is not obtaining settlement in the UK based on his relationship with you. He has lived in the UK for five years and so has a free-standing and independent right (of you) to settle in the UK. So there is no requirement to leave the UK.

Expert:  Buachaill replied 6 months ago.

5. He is not an adult dependent relative. That is a totally different category which has nothing got to do with him.

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