Post
by pamphil » Tue Apr 29, 2008 6:01 pm
Dear all,
Could anyone advise me on the benefits or restrictions for a person moving from Work permit holder to Non-EEA residence card status?
Basically, I live and work legally in the UK since April 2004, in a permanent position and on the ground of a 5-year work permit. My wife is a french citizen who lives with me here since June 2004, and we envisage to settle permanently in the UK.
However, reading through the UK residency regulations it seems like the pathway to the UK permanent residency and eventually citizenship is now an expensive and uncertain process for a work permit holder.
So, I am thinking of switching my status from work permit to Non-EEA residence card holder before my current resident permit come to an end and needs a renewal (i.e. 10 April 2009). This is to be done on the ground that my wife could exercise her european treaty right since Jan 2006 (the date she started working). The idea being that I will have first a 5-year Non-EEA resident card and then move on to permanent residence and/or eventually UK citizenship.
Do you see a problem for me making this step?
if I decide to move on to a Non-EEA residence card status, will the UK residency legislations account for the previous 4 years that I have spent in the UK as a Work permit holder (2004-2008)?
In other words, would it still be possible to apply for a permanent residence in 2010, on the ground that I have lived legally in the UK for 5-6 years (I have already fulfil both the langage and life in the UK tests requirements)?
if the answer is no, and since my wife is working only since Jan 2006 (i.e I was the main financial support of the familly between 2004-2006), would the UK residency legislation considered my wife as a self sufficient person for the period 2004-2006 in respect to her european treaty right?
In other word, could it be possible for me to apply for a permanent residency in Jan 2010 (i.e 6 yr), on the ground that my wife could execised her treaty right since Jan 2005, partly as a self-sufficient person (prior to 2006) and a worker (after 2006)?
Many thanks
Pamphil