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Correct. Just make sure that your other half continues exercising the treaty rights.mrlucifer wrote: I understand that I should be able to apply for a Permanent Residence Card (which is equivalent to Indefinite Leave to Remain?) after having spent 5 years in the UK and also 5 years of living with the EEA family member. i.e. it does not matter when the EEA Residence Card itself was issued? Am I correct in understanding this?
True, and hope that UK stays in the EU for another year and a bit.yoshi_jp wrote: Just make sure that your other half continues exercising the treaty rights.
Correct. you cannot go back to the ILR route unless you're prepared to start all over again from scratch.mrlucifer wrote:But consider this scenario: I get a EEA2 RC and do not bother extending the T1(G), subsequently for one reason or the other I'm unable to apply for EEA4 PRC... then is it possible to go back to the ILR route? I'm guessing not..
mrlucifer wrote:Hi all,
Looking for some advice as I haven't found the necessary information on the forum.
Following is my situation:
I'm currently on a Tier 1 (General) visa. The extension is going to expire in October 2015 however I wouldn't have completed 5 years to allow me to apply for an ILR at that stage. I will be around 6-7 months short.
But at the same time I am also spouse of an EU national (who's exercising treaty rights in the UK) and technically eligible to apply for an EEA Residence Card. I am quite tempted to go for this option instead of extending the Tier 1 as there is practically no cost involved in getting a EEA Residence Card. We have lived together since I came to the UK in 2011.
However, I am not sure where this puts me in terms of gaining Permanent Residence in the UK. Are there any downsides to switching from Tier 1 (G) to EEA residence card?
I understand that I should be able to apply for a Permanent Residence Card (which is equivalent to Indefinite Leave to Remain?) after having spent 5 years in the UK and also 5 years of living with the EEA family member. i.e. it does not matter when the EEA Residence Card itself was issued? Am I correct in understanding this?
I need to decide this now as I just realised that Tier 1 extensions must be applied for before April 2015.
Thanks in advance for your thoughts.
cheers
Mr Lucifer
If I was resident in the UK (with my EEA partner) for a continuous period of 5 years, but for most of the time I also held a T1(G) visa, then can it still be considered that I was in the UK in accordance with the EU laws relating to free movement rights that were in force during the five-year period.?Third-country national family members who acquire permanent residence under the 2006 Regulations can apply for confirmation of their permanent residence status. Permanent residence will normally be acquired after you have lived in the United Kingdom for a continuous period of five years in accordance with the EU laws relating to free movement rights that were in force during the five-year period.
Yes. Because, what you are doing here is almost completely immaterial. What matters is what your spouse is doing.mrlucifer wrote:If I was resident in the UK (with my EEA partner) for a continuous period of 5 years, but for most of the time I also held a T1(G) visa, then can it still be considered that I was in the UK in accordance with the EU laws relating to free movement rights that were in force during the five-year period.?
Are you married?I understand that I should be able to apply for a Permanent Residence Card (which is equivalent to Indefinite Leave to Remain?) after having spent 5 years in the UK and also 5 years of living with the EEA family member
Please could you explain this interpretation? This doesn't quite sound right.Jambo wrote: Living together is not enough in your case. The 5 years for PR under EEA regulations would start when you were living in the UK as married.
So you think if an unmarried partner applied and got a RC after say 2years of durable relationship, then s/he can't apply for a PRC after 5 years of durable relationship, but only after 5 years since the RC was actually issued?Jambo wrote:Under EEA regulations, only spouse of EEA national has automatic rights. Unmarried partner doesn't have automatic rights.
You need to complete 5 years as a family member. You only regarded as family member if you are married or (if not married) from the day the RC is issued as unmarried partner.mrlucifer wrote: i.e. - be in the UK for 5 years
- lived with the EEA national for 5 years as a family member
- EEA national bas been exercising treaty rights.