EEA3&4 Application with Tier 1/HSMP+EEA2 for total 5 yr

[Sarah T]

Hi all,

Would appreciate someone's expertise on an issue which I can't seem to find a definite (who can in this world of ever-changing rules of immigration laws!) answer for.

Essentially, we were keen to know whether it would be possible to combine the total years (5 years in May 2013) we have been in the UK from our Tier 1 visa and EEA visa?

Non-EU spouse: arrived in UK with HSMP in April 2008 (valid until 2013)
EU spouse: arrived in UK for PhD in May 2008 (has been exercising treaty rights - i.e. completed PhD study and been working upon graduating)
EEA2 application: We were granted the EEA2 residence card in Nov 2009 which will be valid until Nov 2014.

As we have already been living in the UK & exercising EU treaty right since May 2008, would the date from May 2008 - May 2013 qualified for 5 years? Or do we have to wait until Nov 2014 make any application for both EEA 3 and EEA 4?

Grateful for any thoughts/experience on this issue - keen to get the application going if its possible!

Many thanks!

[Jambo]

Are you married? When did you get married?

Time under EEA regulations starts from the time you are living as married couple in the UK or if not married, for the time RC as unmarried partner has been issued.

[Sarah T]

Thanks Jambo for your quick response.

Initially, we applied for RC as unmarried partners but got married two months before we received the RC in Nov 2009. From what I remember, we might have sent in our wedding certificate as well before we got the RC - so not sure whether which category it would fall under?

I'm assuming from what you mentioned below, we would have to wait until Nov 2014...

[Sarah T]

Also... I was just reading this part of the regulations:

The following documents must be supplied by a non-EEA national family member of an EEA national who is applying for a permanent residence card under regulation 15(1)(b) of the 2006 Regulations having completed 5 years residency:
1) A valid passport
2) Proof that s/he was a family member of an EEA national during the 5 year period
3) Documentation confirming that s/he has resided in the UK for a continuous period of 5 years with the EEA national in accordance with the EU laws relating to free movement rights that were in force during the 5-year period; this requires confirmation that during this period the EEA national was residing in the UK in accordance with the relevant regulations or other EU laws relating to free movement rights.

Point (2) was particularly interesting - it didn't specifically states that the non-EU spouse has to be family member for the ENTIRE 5 years but is/was family member DURING the 5 year period.

What do you make of this?

[Jambo]

If you got married in September 2009, then it would be 5 years from that point (for the non-EU). For the EEA national, that would be 5 years from when you started exercising treaty rights so May 2013 for EEA3 (it is only the EEA national that can exercise treaty rights. There is no "we exercise treaty rights").

I assume the non EEA national doesn't hold a valid Tier-1 visa any more (although this is possible to be on Tier-1 + EEA2) ? If the Tier-1 is still valid, nothing stops him from continuing using that route (if he meets the requirements and paying the fees).

[Jambo]

Also... I was just reading this part of the regulations:

The following documents must be supplied by a non-EEA national family member of an EEA national who is applying for a permanent residence card under regulation 15(1)(b) of the 2006 Regulations having completed 5 years residency:
1) A valid passport
2) Proof that s/he was a family member of an EEA national during the 5 year period
3) Documentation confirming that s/he has resided in the UK for a continuous period of 5 years with the EEA national in accordance with the EU laws relating to free movement rights that were in force during the 5-year period; this requires confirmation that during this period the EEA national was residing in the UK in accordance with the relevant regulations or other EU laws relating to free movement rights.

Point (2) was particularly interesting - it didn't specifically states that the non-EU spouse has to be family member for the ENTIRE 5 years but is/was family member DURING the 5 year period.

What do you make of this?

During means throughout the entire period.