Hello,
I was wondering if someone could help me. My boyfriend’s situation is similar to the original post of this but there are a few differences. Here is a summary of our situation (points 1 – 8 are all Tier 1 related to give you some background but from 9 onwards my questions are about applying for EEA2 and EEA4):
1. My boyfriend was granted a 5-year work permit on the 21st December 2006
2. In August last year, he decided to quit his job and open his own company so he applied for a Tier 1 (general) visa successfully
3. His Tier 1 visa expires in August 2012 but since he now (December 2011) has 5 years of continuous residency, he applied for the permanent residency using the SET(O) form in person today (in Croydon)
4. Although all the documents were fine, he was away from the country for more than 180 days during these 5 years (on business and paid holidays) and therefore he was told by the immigration officer that they could not make a decision today because ‘if the applicant has spent more than 180 days outside the UK during the five-year period preceding the filing of the application, regardless of whether this was for business or pleasure, the application will be referred to a senior caseworker for consideration on a discretionary basis and it could fall for refusal if the absences exceed 180 days.’ – see more info here
http://www.kingsleynapley.co.uk/news/ne ... ember_2011
5. This means that he had to leave his passport at the Home Office and it might take weeks before they make a decision; they said they might potentially have an answer next week however we are going on holiday on Friday and cannot change the ticket – it’d actually be more expensive to change or lose both tickets than to lose the application fee
6. The Home Office gave him the option of collecting his passport tomorrow or Friday if he wanted but this would mean that the application is withdrawn if they haven’t made a decision by then
7. We spoke to a solicitor who said it is very unlikely that they will make a decision before the new year
8. So he will most likely collect his passport and withdraw the application tomorrow
So, here is our current plan:
9. I am a Portuguese citizen and have had a permanent resident card (EEA3) for 2 years now (I’ve lived here for 7.5 years)
10. We are considering the following:
o Applying for a EEA2 card for him next year since his current visa will expire in Aug 2012
o We have lived together for 4 years exactly (and have utility bills, rental agreement and mortgage agreement to prove it)
o In December 2012 it will have been 5 years since we are living together
o In December 2012 we’d then apply for a EEA4 card for him, on the basis that we will been living together in the UK for 5 years and we have both been working here all this time
o I will apply for a British citizenship next year – which I am already entitled to
o Once he has his permanent residency (EEA4 card) he can then apply for the British citizenship straightaway considering that he has been living in the UK for more than 3 years and will be married to me and I will be a British citizen (we are not married yet but can get married if needed)[/list]
This is all based on a lot of reading done on the internet today but I wanted to check if this is would a valid route for him to get his citizenship in more or less the same time it’d take if he had gotten his permanent residency today. We are also not very keen on paying more Home Office fees since we lost 1k with today’s application which will be withdrawn – thus the idea of trying the EEA cards which are free of charge.
Really appreciate if someone could help.
Many thanks and happy Christmas!
