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Whilst you will be entitled to use form EEA2 to apply for a Residence Card, you need to think carefully about this. The fact is that if you switch to the EEA/EU route your clock towards ILR/Permanent Residence will be reset back to zero. So as you say that you got HMSP in 2004, you only have another 2 or "2 and a bit" years before you will qualify for your ILR.I plan to get married to my dutch girlfriend this summer and am planning to apply for a EEA residence permit but I had several queries about it.
Dear John,John wrote:to the EEA/EU route your clock towards ILR/Permanent Residence will be reset back to zero. So as you say that you got HMSP in 2004, you only have another 2 or "2 and a bit" years before you will qualify for your ILR.
Yes you can! There is no "no switching " rule from the immigration to the EEA route.My initial query is whether I can apply for a EEA residence permit from within uk on an hsmp visa.
Once you get married there is no requirement on her part to qualify in any other way by exercising her treaty right like a worker etc. Exercising her treaty right as a student will be enough. But she will have to prove that she has enough resources for her which can be proven from the evidence of your income . Even though the need of medical insurance is theoretically a requirement of exercising a treaty right in such cases, I do not know how strictly it is practically implemented in the UK.But I needed to know whether there are any further requirements on her for being a 'qualifying' person as she is a student.
The Residence Card issued to non-EEA family members is usually issued for five years. But if the treaty right is going to be exercised for a lesser period of time, it will be issued for the period of time. For example, if your wife's course is going to be for 2 years, that is how long your Residence Card will be for.Also I needed to know whether the visa will be given for a period of 5 years for sure or can it be for a lesser period as she is a student because then it would mean an application hassle again in the future.
Requesting the passports back while your EEA2 application is processed does not affect the application. I do not know how well only a certified copy of your passports will do. If anyone has been brave enough to do that I will let them comment on it.Finally, do we need to enclose our passports for the application or can it be done later on request. We were thinking of applying with notarized copies of our passports.