CAN UK VISA RUN BESIDE EEA RESIDENCE CARD???

[Rozen]

If a non-EU person has LTR (Leave To Remain) under UK rules, and later marries an EU national (German), is it possible for this non-EU person to apply for a Resident Card (EEA2) as an EU family member, while the UK LTR is still valid in his passport? Or would the EEA2 application automatically cancel his UK LTR visa?

Reason he wants to apply for the EEA family permit is that he feels it will simplify travelling with his wife within Europe, rather than just having the UK LTR stamped in his passport.

I think that he would have to surrender his UK LTR, and start the clock all over again, but I'm not sure. What do others think? He wants to be sure what his options are before he goes ahead. Thanks.

[Docterror]

The UK Leave to Remain can run parellel to the status of a person who is also the non-EEA family member of the EEA national. Unfortunately, once the status is confirmed via the Residence Card, the person loses the status under the UK immigration rules.

The reason being that once a person marries an EEA national, the person's right to stay in the UK starts but rather outside the UK immigration rules. As long as he/she does not opt to jump ship to outside the immigration rules, he has 2 statuses. But once the decision is made, the only status the person has is outside the immigration rules and so the UK immigration clock will cease to tick towards the ILR.