Help in moving from work permit to EEA2 residence card?

[pamphil]

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

[Directive/2004/38/EC]

When did you marry?

I think you will have PR in June 2009. At that point you will have been living here 5 years with your french partner/wife. You could then apply for citizenship one year later.

It does not matter that your wife was not exercising treaty rights by not working initially. You were still together with an EU citizen and your status as of that point can deemed to have been non-EU spouse of EU citizen.

[pamphil]

Dear Guru,
Thank you very much for your reply and shading some light of the EEA2 residence card issue.

My wife and I got married on the 21 April 2004 in Paris. However,she has joined me in the UK only in June 2004 , just after I stated my permanent job. I needed first to find a proper accommodation before my wife and son arrived from France.

[Directive/2004/38/EC]

I think you will have PR in June 2009, five years after she arrived. You can apply now for a Residence Card if you want, but it will not make any difference to when you get PR.

You should keep detailed documentation that shows that you have been living with your wife in the UK since she arrived. Don't go over the top but you may need it later.

[pamphil]

Dear Guru,

I have just received a new passport from my country of origin (biometric passport) and would like to know how this can affect an application for EEA2 residence card?

In other words, do I need first to transfer my current UK work permit residency (expiring on 10 April 2009) onto the new passport before applying for an EEA2 residence card?
Or is there a possibilty to apply directly for an EEA2 residence card with the new passport? if so, which form to use.

Reading through the BIA website, the visa/stamp transfer from one passport to another seems to take from 4-14 weeks and the EEA2 residence card processing takes 6 months. If I make a back at the envelop calculation, the whole process of visa transfer + EE2 residence card will take at least 8-9 months.

However, my current 5 year work permit needs to be renew sometimes in March 2009 if I don't want problem with the UK legislation and my rights to work in the UK. The legislation required my company to request the extension of my work permit, at least 2 months before my "limited leave to remain" runs out. Therefore, I need to have my EEA2 residence card granted before March 2009.

Since I am traveling abroad for work from 24-31 May, I can very likely apply for the visa transfer onto the new passport only in early June and the EEA2 residence card in July-August.

Do you have any suggestions?

[Directive/2004/38/EC]

You do not need to transfer the existing visa to the new passport. No need! It would just be a waste of time and money. If anyone needs to see it, show them your expired passport.

I would suggest, since you like travelling, that you submit your Residence Card application soon (this week?).

Include only photocopies of all pages of your new and of your old passport, and of the ID card of your spouse. Have these "certified" by a soliciter (costs about £5-10 per passport). Include a letter that explains you have included "certified" photocopies, and will be travelling during processing of the Residence Card application. Say that you will submit the original travel documents when they are ready to issue the residence card.

Let them do the work. If they need anything, they will get back to you.

[Sheza]

Hi I have just received my new Zimbabwean passport and I also have a Bio Residence Permit. Can i travel with both or do i have to get the permit transfered to my passport

[Directive/2004/38/EC]

I also have a Bio Residence Permit

It is unclear what you have. Can you very carefully describe what this is?