2 questions from an EU Family member

[sanna]

Hi All,
I'm from a non EU country married to an EU national for about 1.5 years.

I have been in the UK since 2004 on Student Visa and SEG visa, and then I got my 5 years EEA permit in 2007. I am working full time in an IT company as well.

My 1st question is:
Can I apply for a permanent visa in 2009 (ILR or something)? or do I have to wait till 2012 to apply under EEA?

My 2nd question is:
When I travel with my EU husband, can I go through EU passport control in the airport or I have to go through non EU passport control? If yes, does my husband have to come with me?

Thanks,
Sanna

[Samyr]

Hello sanna,

If ur married to an EEA National other than Britsh you have to wait for five years of your Residence.

Yes you can thru EU passport queu. Yes you have to be with your spouse.

[Casa]

I believe you'll find that you have to go through the non-EU channel as you don't have an EU passport, but your husband will be able to go through the non-EU channel with you.

[Rozen]

I believe you'll find that you have to go through the non-EU channel as you don't have an EU passport, but your husband will be able to go through the non-EU channel with you.

Not necessarily! I have an African passport, while my husband has a Dutch one. Whenever we travel we use either queue, depending on which one is moving faster. No problems either way.

But I guess it's because we're together. I doubt they would let me pass through the EU queue with my non-EU passport without him. Oh! And they usually ask for my landing card, even at the EU counter, but that's it.

[sanna]

Hi All,

Thanks for your replies.

In relation to my first question:
I was just reading this document and came across this:
2. Eligibility for permanent residence
The following are eligible under Regulation 15 of the Immigration (EEA) Regulations
2006:
...
• A person who:
o Has resided in the UK (in accordance with the Regulations) for a
continuous period of 5 years; and
o Was, at the end of the period, a family member who has retained the
right of residence.
...

Doesn't this mean that I might be able to apply for Permanent Residency in 2009 then?

Thanks,
Sanna

[sakura]

Hi All,

Thanks for your replies.

In relation to my first question:
I was just reading this document and came across this:
2. Eligibility for permanent residence
The following are eligible under Regulation 15 of the Immigration (EEA) Regulations
2006:
...
• A person who:
o Has resided in the UK (in accordance with the Regulations) for a
continuous period of 5 years; and
o Was, at the end of the period, a family member who has retained the
right of residence.
...

Doesn't this mean that I might be able to apply for Permanent Residency in 2009 then?

Thanks,
Sanna

No. You only qualify after five years under the EU route (i.e. as a family member of an EU national), meaning the years spent in the UK in any other category (including time spent as a student and on the SEGS visa) does not count. You will obtain PR in 2012.

As for the passport control question - you can enter via the EU section when travelling with your husband, but when travelling alone, you would normally be required to enter via the non-EU section (as you are not an EU/EEA or Swiss national, so should normally enter via the non-EU section).