Visa for non EU national married to EU national both current

[juilanwood]

I'd like some advice please to check whether I am applying for the correct visa and what my future residency options are.

I am South African and have been in the UK since May 2000, initially as a Working Holiday Maker and then on 2 Work Permits since January 2002.

I met my French wife in June 2000 and have documentary evidence we knew each other from October 2000 and evidence we moved in together in October 2001.
We have lived together ever since but were out of the UK on a round the world trip between August 2004 and December 2005. I was still on a work permit during this time and was on sabbatical from my employer.
I realise this jeopardised my yearly count towards for UK citizenship but we decided at the time that we didn't want to wait before starting our round the world trip.
We married in France in July this year.

My wife has been working full time in the UK since 1999 other than for the time we were travelling.

My current work permit expires in January and so I am in the process of gathering the necessary documentation to apply to extend my stay.

As I am currently in the UK am I correct in applying for an EU family permit using form EEA2?

I've also been reading various threads saying there are sometimes two approaches, one through EU law and one through UK law. The EU law option would require me to spend five years in the UK once my application is approved and the UK law option would take two years. Am I getting confused between different visas?

I've also read that is is a good idea for my wife to apply for an EEA1 visa at the same time as this may speed up the process of granting my EEA2.

I know that the clock was reset once we returned to the UK after travelling but when does the counter actually start?
As it is now nearly two years since we have returned, does this period count towards residency or will it only start once my current application is approved?
Am I able to apply for permanent residency in 2 years time or 4 years time.
I'm not sure whether the 2 year rule applies to spouses of British citizens, or also all EU citizens or only EU citizens who have been exercising Treaty rights in the UK?
Would some of the last year of travel still count towards my residency as I would not have been out of the conutry for more than 450 days over 5 years?

Am I then able to apply for UK citizenship a year after that so in 3 or 5 years time or would I be able to apply in 2 years time as I would have been in the UK since returning from travelling for a total of 4 years plus possibly conuting some of the last part of our time away to stay under 450 days in 5 years.

One other curveball is an application for a Schengen visa to visit my French family for Christmas. Is there any leeway in the Schengen system as I would not have had my new residency stamped in my passport and therefore less than 3 months left on my current UK visa. Would they accept the letter from the HO saying I have applied for a new visa and maybe even grant me a Schengen visa just for the dates I'm travelling so they will ensure I am back in the UK before my current visa expires?

Any advice would be appreciated, these forums are a fantastic source of information.

[thsths]

We have lived together ever since but were out of the UK on a round the world trip between August 2004 and December 2005.

So many questions. I agree that this trip has reset your clock, because it was longer than 12 months. So your 5 years towards permanent residence start in December 2005. You were not married at the time, but as long as you can prove cohabitation, that should not be an obstacle.

As I am currently in the UK am I correct in applying for an EU family permit using form EEA2?

Yes, that is the correct form, but you will get a "residence card" sticker, not a family permit.

I've also been reading various threads saying there are sometimes two approaches, one through EU law and one through UK law. The EU law option would require me to spend five years in the UK once my application is approved and the UK law option would take two years. Am I getting confused between different visas?

These are the times for permanent residence, yes. But the two years are only possible if your spouse already holds permanent residence. You did not specify whether she does. She might be able to claim permanent residence based on the fact that she was living in the UK for 5 years (1999-2004), but that may be a bit difficult now.

I've also read that is is a good idea for my wife to apply for an EEA1 visa at the same time as this may speed up the process of granting my EEA2.

Yes, it would speed up things, but EEA1 is only applicable if she does not hold permanent residence. You also have to remember that you are committed to the EU law once you send this application.

Would some of the last year of travel still count towards my residency as I would not have been out of the conutry for more than 450 days over 5 years?

No, that's not how it works.

Am I then able to apply for UK citizenship a year after

Naturalisation is possible one year after you get permanent residence, so 6 years after you came back to the UK.

One other curveball is an application for a Schengen visa to visit my French family for Christmas. Is there any leeway in the Schengen system as I would not have had my new residency stamped in my passport and therefore less than 3 months left on my current UK visa.

The main leeway in the Schengen system is that you can apply for a visa with any Schengen country. Some are more forthcoming than others. But without the residence card or a longer visa you are in a difficult position. (The residence card would in theory allow you to visit France without a visa, and it would certainly make it easier to get the visa.)

Now you can apply for an EEA family permit. While that is easier with a residence card, you don't need to have one, as long as you are legally in the UK. The time is a bit short now, but it should work. However, you may be committed to the EU law once you do this.

[juilanwood]

Thanks for all the information thsths.

I'm a little uncertain how a family permit differs from a residence card.

If I am currently applying for a residence permit with form EEA2 how is this different from a family permit and what are the implications of being comitted to EU law?

Am I able to get a family permit in the UK and is this a long process?

[yankeegirl]

The family permit is the entry clearance to the UK under the EU regulations. It cannot be applied for from within the UK simply because if you are already in the UK you do not need entry clearance.

If you want to remain in the UK as the family member of an EEA national, the application form for the 5 year residence card is EEA2.