ILR for non-EEA spouse of EU National settled in UK

[Petersh]

Hi

This is a question for the ILR application of my husband (Indian citizen, already lived in the UK for 6 years under Tier 1 general). We are both working and married recently (I am Polish, settled in the UK).

Although he is eligible to apply for ILR under tier-1 general route, but the charges are very high (1500 pounds). Can he instead apply for ILR as my spouse (settled EEA national) since he has already spent over 5 years continuous in the UK?

His tier-1 general visa is still valid, and he has never applied for either the 'Partner of a Settled Person visa' or 'Residence Card for non-EEA spouse of EEA national'.

Any advice appreciated!

[secret.simon]

No.

He can either get ILR under the UK Immigration Rules or PR under the EEA Regulations. He can not pick and mix the routes.

For him to get PR under the EEA Regulations, he must be the non-EEA spouse of an EEA national and have stayed with him/her for 5 years while the EEA spouse exercised EU treaty rights. So, he would acquire PR automatically on completing five years on that route (assuming that the UK remains a part of the EU and that you do not get British citizenship-if you do, your EEA rights are extinguished).

Alternatively, he can apply for ILR before his Tier 1 G visa expires. Remember that ILR for T1G visa holders will stop being issued in 2018 and that fees go up every year (had he applied last year, the fees were only £1093, but on 6th April, they jumped to £1500).

I am aware of the costs of this route (about £10,000 over six years), but then he is gambling that the rules do not change in the future (a naïve hope as they change two-three times a year) and that the UK does not leave the EU.

[Obie]

I believe the quickest and straightforward answer to OP'S question would have been, no your husband cannot use time prior to your marriage, and which he spent in the UK as a PBS migrant, to qualify under the regulations.

[Petersh]

We guessed that would be the case as well.

Thanks both!