Query- Time to live in UK in 5 YEARS for EEA2 Applicant

[ch_82]

Hi

I have query regarding my application.I am on Tier-1 but soon i will apply for EEA2 application. For 2 years of tier 1 and 3 years on EEA2 status.
Can i apply for nationality after 5 years ??
How long can i remain outside Uk ? 180 days ??

[Jambo]

You can't mix time under the UK immigration rules (Tier-1) and EEA regulations for ILR (except 10 years ILR). Unless your partner is British (which I assume not as you apply using the EEA rules), you need to have ILR for 12 months so effectively - BC can only be applied after at least 6 years of residence.

However, time for PR under the EEA regulations starts from the time you are under the regulations and not from the time you apply/receive the RC. In your case, it's from the time you were living in the UK as a married couple having your partner exercising treaty rights.

Under EEA regulations absences upto 6 months a year are allowed in order to meet the requirement for PR. For British citizenship, absences less than 450 days in 5 years are needed.

See also T1 (General) change to EEA family member, How?.

[ch_82]

You can't mix time under the UK immigration rules (Tier-1) and EEA regulations for ILR (except 10 years ILR). Unless your partner is British (which I assume not as you apply using the EEA rules), you need to have ILR for 12 months so effectively - BC can only be applied after at least 6 years of residence.

However, time for PR under the EEA regulations starts from the time you are under the regulations and not from the time you apply/receive the RC. In your case, it's from the time you were living in the UK as a married couple having your partner exercising treaty rights.

Under EEA regulations absences upto 6 months a year are allowed in order to meet the requirement for PR. For British citizenship, absences less than 450 days in 5 years are needed.


See also T1 (General) change to EEA family member, How?.

Thanks for the reply. I am in Tier 1 status since february 2011 and i m married in 2007. My wife came in april 2011 and exercising treaty rights since then. In this case will my time in tier 1 count ??

[Jambo]

Thanks for the reply. I am in Tier 1 status since february 2011 and i m married in 2007. My wife came in april 2011 and exercising treaty rights since then. In this case will my time in tier 1 count ??

The time from April 2011 counts so you will obtain PR automatically in April 2016 (assuming your wife continue to exercise treaty rights in the UK).

The fact that you had a Tier-1 visa during that time is irrelevant.

BTW - Any reason you applied for Tier-1 when your wife is EEA national?

[ch_82]

Thanks for the reply. I am in Tier 1 status since february 2011 and i m married in 2007. My wife came in april 2011 and exercising treaty rights since then. In this case will my time in tier 1 count ??

The time from April 2011 counts so you will obtain PR automatically in April 2016 (assuming your wife continue to exercise treaty rights in the UK).

The fact that you had a Tier-1 visa during that time is irrelevant.

BTW - Any reason you applied for Tier-1 when your wife is EEA national?

.. last week i got my tier 1 extension as my visa was going to expire and i need to travel back country thats why i have applied for tier 1 extension.
i did not know EEA visa till June 2012

one more thing if my wife is not working and she claims job seeker allowance or house benefit then my EEA will be effected ???

[Jambo]

.. last week i got my tier 1 extension as my visa was going to expire and i need to travel back country thats why i have applied for tier 1 extension.
i did not know EEA visa till June 2012

one more thing if my wife is not working and she claims job seeker allowance or house benefit then my EEA will be effected ???

I'm confused now. From your first post you were saying you have 2 years of Tier-1 so I assumed you are no longer on Tier-1. If you have applied already for an extension you might want to continue with Tier-1 and ILR. There is no problem to have a RC in parallel (can save you Schengen visa for example).

If your wife is not working, then benefits might affect your residency.

How does your wife exercise treaty rights since 2011?

[ch_82]

.. last week i got my tier 1 extension as my visa was going to expire and i need to travel back country thats why i have applied for tier 1 extension.
i did not know EEA visa till June 2012

one more thing if my wife is not working and she claims job seeker allowance or house benefit then my EEA will be effected ???

I'm confused now. From your first post you were saying you have 2 years of Tier-1 so I assumed you are no longer on Tier-1. If you have applied already for an extension you might want to continue with Tier-1 and ILR. There is no problem to have a RC in parallel (can save you Schengen visa for example).

If your wife is not working, then benefits might affect your residency.

How does your wife exercise treaty rights since 2011?

sorry for making things complex

my status is on tier 1 since february 2011 and will be till january 2013. I will apply for EEA then which i think i will get it. I am asking in this scenario

My wife is working since april 2011

[Jambo]

I'm still confused. Didn't you just say you got tier-1 extension last week?

If your wife used to work and now she is not, then some benefits might not affect her residency.

[ch_82]

I'm still confused. Didn't you just say you got tier-1 extension last week?

If your wife used to work and now she is not, then some benefits might not affect her residency.

Yes i am on tier 1 at the moment. I will apply EEA start of next year.
Yes my wife was working but now she is not. Which benefits my wife can claim and these benefits will affect my residency if i apply EEA in future??

[Greenie]

Why is your wife not working? How much do you earn? Do you have any children?