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psb wrote:I have dual British and EU citizenship, following our civil partnership registration, my non-EU civil partner applied and was granted FLR based on my British citizenship in June 2010.
My civil partner needs to apply for ILR in May next year, if his ILR is refused, can he switch to the EU regime? If so, does he have to apply for residence permit on EEA2, I was told that he does not need to apply for EEA2, since he automatically qualified as soon as he registered a civil partnership with me.
Would he qualify for permanent residence 5 years after our civil partnership registration or 5 years from the date the residence permit (EEA2) is granted?
psb wrote:Thank you for your kind reply.
We have already started collecting evidence for the ILR application next year and my civil partner will sit Life in UK Test next month.
Does this mean that I (British/EU citizen) and my non-UK/EU civil partner have to apply for residency permit? We apply on form EEA2 for my civil partner and EEA3 for myself?
This is to enable us to be on both UK and EU immigration regimes should one fail.
psb wrote:Thank you for your prompt reply.
My UK immigration history:
1980 I moved from an EU country and settled in the UK.
1991 I was granted ILR.
1992 I acquired British naturalization.
In my case if my civil partner is refused ILR next year, will he be able to remain in the UK by using the EU law?
psb wrote:Should my civil partner apply for residency permit on EEA2 before he applies for ILR next year or should he apply for EEA2 after his application for ILR, if it is refused?
.
psb wrote:May I please confirm that I (British-EU citizen) should now apply for permanent residence on Form EEA3?
Form EEA3 does not ask me for details of my civil partner, so I should not mention my martial status. This form is merely to regularise my stay in the UK as a EU citizen.
I understand the 5 years of continuous and uninterrupted work in the UK which I have demonstrate could be any period, not necessarily the last 5 years.
psb wrote:Form EEA3 Section 3.1 states: Please tick one or more of the boxes below to show the way(s) in which you have exercised Treaty rights for the past 5 years
and give the relevant dates.
In the past 10 years I have been on and off work on benefits, so providing evidence will be very laborious and there may be unaccountable gaps. I have a pension forecast from DWP dated 2009 stating that I qualify for full state pension since I completed the 31 years qualifying period for full state pension, would this letter by itself be sufficient as evidence?
I am willing to be argued with, but I do not think you should apply for PR. I do not think it would be useful and I am not sure how they would handle it since you are also British and they will know that. If, however, you do apply for PR (on the basis of your non-UK citizenship) PLEASE PLEASE let us know the results - I would be VERY curious.psb wrote:May I please confirm that I (British-EU citizen) should now apply for permanent residence on Form EEA3?
You either have PR or you don't. The PR card is just a physical confirmation of the permanent residence that you already have (or not). No such thing as "regularizing" in this case.psb wrote:Form EEA3 does not ask me for details of my civil partner, so I should not mention my martial status. This form is merely to regularise my stay in the UK as a EU citizen.
The rules changed in April 2006. So slightly different rules applied for periods before 2006.psb wrote:I understand the 5 years of continuous and uninterrupted work in the UK which I have demonstrate could be any period, not necessarily the last 5 years.