can i switch from my current category?

[ofmann]

hi all,

i am currently holding a 5years Uk residence permit as a spouse of an EEC national, i very often encounter many problems related to my actual status, i.e: nasty remarks and very personal questions when traveling abroad without my wife, producing my wife's passport in absolutely everything i do, including tax related issues, visas for foreign countries.. etc, which make me feel like a second class immigrant...

i completelly enderstand that my current status will lead to the ILR in the completion of the 4years requirement... but is there a possibility for me to switch into a HSMP status if i apply for it?

also, if i get refused HSPM will my current status of resident will be taken off from me?


Nb: i have a double university degree, and i own a limited company in the UK for 2 years.

thanks for your answers

[EJ]

If you are a spouse you should be entitled to ILR after two years of being married.

[Marie B]

If you are a spouse you should be entitled to ILR after two years of being married.

Only if you are married to a British Citizen, in which case you have a 2 year spouse visa. If your wife is an EEA citizen it does indeed take four years, when you have an EEA Family Permit.

[ofmann]

i am indeed married with an EEA national, thats why the ILR take longer, thanks guys for taking the time to read my post... however does anyone can answr my query please, ie: can i switch my current status and apply for HSMP.

thanks for your replay(s)

[bani]

hi ofmann. the guidelines to switching here do not include the a spouse of EEA national.

http://www.workingintheuk.gov.uk/workin ... ation.html

so no, i don't think you'll be allowed to switch. there wouldn't be any advantage to switching anyway, since you already have the right to work here. as for how people treat you, there will always be nasty people no matter what type of visa you hold, let it just be their problem.

i am indeed married with an EEA national, thats why the ILR take longer, thanks guys for taking the time to read my post... however does anyone can answr my query please, ie: can i switch my current status and apply for HSMP.

thanks for your replay(s)

[Kayalami]

ofmann,

Technically as per the immigration rules and operational policy on switcihing you may not switch from the EEA residence document to HSMP LTR. However IMHO the HO would in your case exercise discretion and allow such due to the EEA aspect of your status.

I will add as others have that I see no point in the HSMP - it brings your status to that under UK immigration rules which require you to hold leave (EEA aspect is admission), requires an extension after year 1, lengthens your timeline to ILR, has a hefty fee basis. If its because you are getting some hassle from embassies then IMHO I don't expect this to change especially pre 3 year extension. If anything you would have more problems.

Ultimatley the choice is yours. Good luck.

[ofmann]

hey guys,

thank you all for your replay, and thanks kayalami for your message, i guess i should be just patient and wait 2 more years and 10 months to the ILR.

good luck to you all whatever you are aplng for.