Urgent Help- Tier 1 to EEA2

[ch_82]

Hi All

I am in need of help. Anyone please help me in following query

I am in UK since feb 2011 in Tier 1 visa. My wife is EEA national.
Can i switch from tier 1 to EEA ? If yes then at what time i will be eligible for nationality after completing 5 years ( 3 n half on tier 1 and 1 and half on EEA visa ) or after 6 years ( 3 n half on tier 1 and 2 and half on EEA visa ).
Looking forward to hear on this query
Thanks

[sheraz7]

When did you marry with EU national? What EU national has been doing since being entered into UK?

[ch_82]

When did you marry with EU national? What EU national has been doing since being entered into UK?

I married with EEA national outside UK. EEA national is doing job from 3 years and 4 months before.
Never take any public fund other than child benefit.

So kindly advice plz

[sheraz7]

Your first posts suggests that you intend to live on tier 1 visa for 3 years and then 1.5 years on EEA2 RC. But be informed that your previous 3 years will not be counted towards getting permanent residency under EU route. If you extends tier 1 for next 2 years then after completing 5 years you could get ILR otherwise you have to spend further 5 years to get PR under EU route.

[askmeplz82]

You said you been married for 3 years. If you been married outside UK your 5 years count from the date you entered UK after marriage
So if you married your wife in June 2011 and Came back to UK July 2011 your 5 years count from that month. so you can send Permanent residency application in July 2016

applying for residence is not compulsory under EEA law so even if you are now under UK law ( T1 ) still you can apply permanent residence under EEA law after 5 years

- proof of 5 years residence in the UK after marriage

- proof of 5 years work history for your EEA family member

- Marriage certificate ( recognised marriage by the UK )

[sheraz7]

Op has not mentioned clearly that how long has he been married with EU national even being asked in 2nd post. If he married and entered in 2011 even on tier 1 visa then still he is a family member of EU national and can secure PR on EU route in 2016 even by applying or not applying EEA2. Otherwise extending tier1 will be more faster to gain PR.

[ch_82]

You said you been married for 3 years. If you been married outside UK your 5 years count from the date you entered UK after marriage
So if you married your wife in June 2011 and Came back to UK July 2011 your 5 years count from that month. so you can send Permanent residency application in July 2016

applying for residence is not compulsory under EEA law so even if you are now under UK law ( T1 ) still you can apply permanent residence under EEA law after 5 years

- proof of 5 years residence in the UK after marriage

- proof of 5 years work history for your EEA family member

- Marriage certificate ( recognised marriage by the UK )

Married in 2009 outside uk... I came to Uk in 2011 feb and start working .. My wife came in UK in 2011 March..
I came in uk as tier 1 and still on tier 1.
Now i switch to EEA visa then past 3 n half years will be wasted?? what is quick path for me to get nationality ??

Thanks

[sheraz7]

Based on the circumstances especially by clarifying the time of marriage and EU national's entrance, coincidently you need almost same time (5 years) to achieve PR/ILR. However, donot be confused and remember that tier 1 relates to UK immigration rule but EEA2 RC belongs to EU route which is optional to apply and is simply a confirmation of right to live as long as the EU national is a qualified person. If you wish you can apply EEA2 but your time to achieve PR has already been started from 2011 under EU route and if you extends your tier1 (which is expensive) then still your time to achieve ILR has already been started from 2011. Hope it clarifies you.

[ch_82]

Yeah its clear.

But one confusion if i stay on ILR then on january 2016 i will be elligible for PR and on january 2017 i can apply for nationality

If i switch to EEA then can i apply for nationality on january 2016??

Thanks