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Yes.Geneiva wrote:Hi forum, I'm new here.
I would like to get some advice on my situation. I am a New Zealander nonEEA on a tier 2 General visa and have been living with my German boyfriend (working in the UK), since June'14 (so almost 2 years now). I want to know what my options are for applying for an EEA Residence Card ahead of any new changes with the EU referendum talks making us all feel even more unwelcome.
I want to know:
-Am I eligible for the EEA Residence card, in order to live and work in the UK, once we have lived together for 2 years (Jun'16)?
-How long prior to Jun'16 can I apply for this, or do I need to apply only after 2 years has passed? How long is the process likely to take (ie my tier 2 visa needs to be extended in Jan17)?
-For the purposes of ILR, can I switch from my Tier 2 visa (which I have been on for 2 years now) to the partner visa, or does it reset the 5-year clock?
-Will we be affected by the new European Commission rules coming into place, namely "The Commission intends to adopt a proposal to complement Directive 2004/38 on free movement of Union citizens in order to exclude, from the scope of free movement rights, third country nationals who had no prior lawful residence in a Member State before marrying a Union citizen or who marry a Union citizen only after the Union citizen has established residence in the host Member State."
Thank you for your help!
Geneiva wrote:Hi forum, I'm new here.
I would like to get some advice on my situation. I am a New Zealander nonEEA on a tier 2 General visa and have been living with my German boyfriend (working in the UK), since June'14 (so almost 2 years now). I want to know what my options are for applying for an EEA Residence Card ahead of any new changes with the EU referendum talks making us all feel even more unwelcome.
I want to know:
-Am I eligible for the EEA Residence card, in order to live and work in the UK, once we have lived together for 2 years (Jun'16)?
-How long prior to Jun'16 can I apply for this, or do I need to apply only after 2 years has passed? How long is the process likely to take (ie my tier 2 visa needs to be extended in Jan17)?
-For the purposes of ILR, can I switch from my Tier 2 visa (which I have been on for 2 years now) to the partner visa, or does it reset the 5-year clock?
-Will we be affected by the new European Commission rules coming into place, namely "The Commission intends to adopt a proposal to complement Directive 2004/38 on free movement of Union citizens in order to exclude, from the scope of free movement rights, third country nationals who had no prior lawful residence in a Member State before marrying a Union citizen or who marry a Union citizen only after the Union citizen has established residence in the host Member State."
Thank you for your help!
Obviously, there is this too.noajthan wrote:Be aware an unmarried partner with RC as an extended family member will lose their status & rights in UK (from EU immigration route) if the relationship ends; (perish the thought).
Yes you are. You are NOT eligible for Permanent Residence yet, but you are eligible for a Residence Card if your partner is a 'qualified person'. Do take a look at the guidance here: https://www.gov.uk/apply-for-a-uk-resid ... ligibilityGeneiva wrote:Thanks everyone, that is all incredibly helpful.
Reading some of the other documentation: am I eligible for a residence card if my partner does NOT have PR? He has only been working in the UK for 3 years.
Keep in touch with how your application goes. I am tempted to begin my application before I have 2 full years of living together (say a month prior), because by the time they approve/reject my documents it will safely have been 2 years. I'm doing this so that my Tier 2 doesn't expire in the meantime.diego-560 wrote:Interesting, I am in exactly the same position, see my thread here:
http://www.immigrationboards.com/eea-ro ... 01607.html
The definition fo Qualified persons really confuses me, is it not suppoused to also saykamoe wrote:Yes you are. You are NOT eligible for Permanent Residence yet, but you are eligible for a Residence Card if your partner is a 'qualified person'. Do take a look at the guidance here: https://www.gov.uk/apply-for-a-uk-resid ... ligibilityGeneiva wrote:Thanks everyone, that is all incredibly helpful.
Reading some of the other documentation: am I eligible for a residence card if my partner does NOT have PR? He has only been working in the UK for 3 years.
2. Eligibility
You can apply for a residence card if you’re:
from outside the European Economic Area (EEA)
the family member, or extended family member, of an EEA national who is a permanent resident or ‘qualified person’
Qualified persons
A qualified person is someone who is in the UK and one of the following applies:
they’re working
they’re self-employed
they’re self-sufficient
they’re studying
they’re looking for work (only if they meet certain conditions)