uk resident visa

[tanya_cz]

hello,
I am non eec, from belarus.
i am in relationship with my partner who is british and we have child
who is also born in uk (age 1 1/2 ).I have been getting visitor visas
for nearly 3 years now.
My visitor visa runs out in Feb09, i am wondering which is best, to apply
for resident card EEA2 or return to Belarus and apply for resident visa?
If i apply for resident card, do i need to leave uk in feb09 ?
any useful advice/help appreciated
T

[UKBAbble]

If you live in the UK you can't apply for the EEA2.

[vinny]

If your British partner has been exercising an economic Treaty rights in another EEA country, then you may apply under European law. Else, you may apply for a settlement visa.

[tanya_cz]

If you live in the UK you can't apply for the EEA2.

hello UKBAbble,
i was informed today from specialist solicitor from lawcentreni.org
that i should apply for eea2 ?
this is the problem.... does anyone know ????
thanks
T

[UKBAbble]

If your partner is British and living in the UK you cannot apply under EEA legislation, you have to apply under the UK regulations.

[tanya_cz]

If your partner is British and living in the UK you cannot apply under EEA legislation, you have to apply under the UK regulations.

ok, from app form it says:

6 Your right to reside in the UK
The non-EEA family members of an EEA national have a right to
reside in the UK if their EEA national family member is exercising a
Treaty right in one of the following categories:
• Worker: a person who is pursuing an effective and genuine
activity for remuneration as an employed person;
• Self-employed
• Student
• Economically self-sufficient
Retired: a person who has been economically active; or
• Incapacitated: a person who is permanently incapacitated
and unable to pursue employment, having been
economically active.

[vinny]

9. Family members of United Kingdom nationals

[tanya_cz]

9. Family members of United Kingdom nationals

ok so??

(2) The conditions are that—

(a) the United Kingdom national is residing in an EEA State as a worker or self-employed person and

(b) if the family member of the United Kingdom national is his spouse or civil partner, the parties are living together in the EEA State

[vinny]

"EEA State" means—

(a) a member State, other than the United Kingdom;

(b) Norway, Iceland or Liechtenstein; or

(c) Switzerland;

May apply if your partner is also Irish.

[tanya_cz]

"EEA State" means—

(a) a member State, other than the United Kingdom;

(b) Norway, Iceland or Liechtenstein; or

(c) Switzerland;

May apply if your partner is also Irish.

ok, thanks for the detail.

what is difference between getting a resident card and a resident visa?
apart from having to leave the uk to get the resident visa
thanks

[sakura]

Tanya, your partneris a British citizen. Does he have any other EU nationality? OR has he lived in any other EU contry (in the past two or so years)?

If the answer is NO to both questions, you CANNOT apply for an EU residence card. You can ONLY apply for a UK spouse visa (if you get married) or a UK unmarried partner's visa.

Both applications would have to be made from Belarus, not in the UK.

[Wanderer]

Location in shown as Belfast so there's a chance the OP's bf might be from NI, in which case he will hold both nationalities and she can apply under EU rules.

We await for more input from the OP, eshe informatsiya pazhalusta.......

[tanya_cz]

Location in shown as Belfast so there's a chance the OP's bf might be from NI

yes, thats correct. Partner has dual nationality as he was born in northern
ireland ( both irish and british passports )

so which would be better?
apply for the EEA2 resident card or return to Belarus and apply for resident visa?
are there any advantages/disadvantages ?
how long does the resident card last?
thanks
T

[paulp]

A spouse visa leads to ILR in 2 years.

[vinny]

Location in shown as Belfast so there's a chance the OP's bf might be from NI

yes, thats correct. Partner has dual nationality as he was born in northern
ireland ( both irish and british passports )

so which would be better?
apply for the EEA2 resident card or return to Belarus and apply for resident visa?
are there any advantages/disadvantages ?
how long does the resident card last?

Being British and living in the UK may be a problem?

A British citizen, not being subject to any of the restrictions on residence in the UK implicit and explicit in the EEA Regulations, cannot be regarded as “residing in the UK in accordance with these Regulationsâ€