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Combine EEA time with time spent on Tier 2?

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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bazbazbaz
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Combine EEA time with time spent on Tier 2?

Post by bazbazbaz » Sun Sep 16, 2018 4:15 pm

Hello,

My UK timeline looks like this:

2012-2014 - In UK on Tier 5 Youth Mobility Visa

2014-2016 - In UK on Tier 2 General Visa

2016-present - Obtained Portuguese citizenship, so left Tier 2 visa and stay in the UK as EU citizen to continue working

I would like to apply for UK Indefinite Leave to Remain then Citizenship as soon as possible. Can I combine my time spent on the Tier 2 visa with my time spent in the UK as an EU citizen, or did the clock reset when I went off my Tier 2 and stayed here as EU?

Thanks

secret.simon
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Re: Combine EEA time with time spent on Tier 2?

Post by secret.simon » Sun Sep 16, 2018 4:24 pm

bazbazbaz wrote:
Sun Sep 16, 2018 4:15 pm
Can I combine my time spent on the Tier 2 visa with my time spent in the UK as an EU citizen?
No.
bazbazbaz wrote:
Sun Sep 16, 2018 4:15 pm
did the clock reset when I went off my Tier 2 and stayed here as EU?
Yes.

PR for EEA citizens is governed by different laws from ILR for non-EEA citizens. They are two different procedures and have different requirements. Therefore they cannot be combined.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

bazbazbaz
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Re: Combine EEA time with time spent on Tier 2?

Post by bazbazbaz » Sun Sep 16, 2018 4:30 pm

ok thank you for clarifying

kamoe
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Re: Combine EEA time with time spent on Tier 2?

Post by kamoe » Mon Sep 17, 2018 12:08 pm

secret.simon wrote:
Sun Sep 16, 2018 4:24 pm
bazbazbaz wrote:
Sun Sep 16, 2018 4:15 pm
Can I combine my time spent on the Tier 2 visa with my time spent in the UK as an EU citizen?
No.
bazbazbaz wrote:
Sun Sep 16, 2018 4:15 pm
did the clock reset when I went off my Tier 2 and stayed here as EU?
Yes.

PR for EEA citizens is governed by different laws from ILR for non-EEA citizens. They are two different procedures and have different requirements. Therefore they cannot be combined.
According to the Home Office, you can apply for ILR if you have been in the UK legally for 10 years. It does not say that this excludes time spent as EU national, or any EU governed category: https://www.gov.uk/settle-in-the-uk/y/y ... -residence

I understand that, what you cannot do, is count time spent under non-EU regulations to apply for permanent residence under EU regulations. So, one cannot user one's Tier 4 and Tier 2 time to reach the 5 year required for permanent residence for EU nationals and EU family members.

But from the way they word it, seems like the opposite is possible: using your years spent as EU national, or EU family member, to count towards the 10 years required for long residence.

I am sure this same discussion has been had previously in this forum, and I have always understood it as explained above. I'll look for the posts.
My posts express my personal opinion, to the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

kamoe
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Re: Combine EEA time with time spent on Tier 2?

Post by kamoe » Mon Sep 17, 2018 12:52 pm

I am sure this same discussion has been had previously in this forum, and I have always understood it as explained above. I'll look for the posts.
This one, from CR001, explaining requirements to use EU years for 10 years ILR: indefinite-leave-to-remain/efm-for-10-y ... l#p1639126

One of my own posts, in which I confirm the clock will reset for the 5-year tier ILR route once switched to EU, and where no one objected my intention to combine EU and Non-EU years to reach the 10-year ILR route: eea-route-applications/non-eea-tier-2-w ... r#p1305328

Not implying the above proves what I say is correct, just to clarify where I get my understanding from.

Can anyone confirm?
My posts express my personal opinion, to the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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CR001
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Re: Combine EEA time with time spent on Tier 2?

Post by CR001 » Mon Sep 17, 2018 1:00 pm

kamoe wrote:
Mon Sep 17, 2018 12:52 pm
I am sure this same discussion has been had previously in this forum, and I have always understood it as explained above. I'll look for the posts.
This one, from CR001, explaining requirements to use EU years for 10 years ILR: indefinite-leave-to-remain/efm-for-10-y ... l#p1639126

One of my own posts, in which I confirm the clock will reset for the 5-year tier ILR route once switched to EU, and where no one objected my intention to combine EU and Non-EU years to reach the 10-year ILR route: eea-route-applications/non-eea-tier-2-w ... r#p1305328

Not implying the above proves what I say is correct, just to clarify where I get my understanding from.

Can anyone confirm?
Note that most of the advice on this route is for non EU members trying to combine time for long residence ILR.

All rules, UK immigration and EU qualified person exercising treaty rights etc, must be met to qualify for long residence ILR.
Char (CR001 not Casa)
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secret.simon
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Re: Combine EEA time with time spent on Tier 2?

Post by secret.simon » Mon Sep 17, 2018 3:36 pm

kamoe wrote:
Mon Sep 17, 2018 12:08 pm
According to the Home Office, you can apply for ILR if you have been in the UK legally for 10 years. It does not say that this excludes time spent as EU national, or any EU governed category: https://www.gov.uk/settle-in-the-uk/y/y ... -residence

I understand that, what you cannot do, is count time spent under non-EU regulations to apply for permanent residence under EU regulations. So, one cannot user one's Tier 4 and Tier 2 time to reach the 5 year required for permanent residence for EU nationals and EU family members.

But from the way they word it, seems like the opposite is possible: using your years spent as EU national, or EU family member, to count towards the 10 years required for long residence.

I am sure this same discussion has been had previously in this forum, and I have always understood it as explained above. I'll look for the posts.
Yes, all legal residence in the UK, including those under the EEA Regulations counts for the purposes of ILR (LR).

But I understood, from the tenor of the message and the timeline of the OP, that his interest was in the five year path to ILR, not the 10 year path.

In the OP's case, he will acquire PR a year before he is eligible for ILR(LR). Assuming that he continues working or otherwise exercising treaty rights in the UK, he will acquire PR in 2021 and will only be eligible for ILR(LR) in 2022.

So, I presumed that his query was more of the lines of if he can count the period of Tier 5 & Tier 2 visas towards his ILR or PR under the five year path. And to that, the answer remains No.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

kamoe
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Re: Combine EEA time with time spent on Tier 2?

Post by kamoe » Mon Sep 17, 2018 3:42 pm

secret.simon wrote:
Mon Sep 17, 2018 3:36 pm
But I understood, from the tenor of the message and the timeline of the OP, that his interest was in the five year path to ILR, not the 10 year path.
Yes, you are absolutely right. I just realized this.
I presumed that his query was more of the lines of if he can count the period of Tier 5 & Tier 2 visas towards his ILR or PR under the five year path. And to that, the answer remains No.
Because the OP used the term "Indefinite Leave to Remain", I was very literal ans presumed the opposite. Answer is Yes if they want to go for the 10 year long-residence route, but as you say, they are eligible for a 5-year EU Permanent residence/Settlement route before that (faster and less expensive), in which case, the answer is as you say.
My posts express my personal opinion, to the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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Re: Combine EEA time with time spent on Tier 2?

Post by Richard W » Mon Sep 17, 2018 11:54 pm

secret.simon wrote:
Sun Sep 16, 2018 4:24 pm
bazbazbaz wrote:
Sun Sep 16, 2018 4:15 pm
Can I combine my time spent on the Tier 2 visa with my time spent in the UK as an EU citizen?
No.
bazbazbaz wrote:
Sun Sep 16, 2018 4:15 pm
did the clock reset when I went off my Tier 2 and stayed here as EU?
Yes.

PR for EEA citizens is governed by different laws from ILR for non-EEA citizens. They are two different procedures and have different requirements. Therefore they cannot be combined.
Schedule 6 Regulation 8(3) says that they may be combined, at least on my reading. Now, I believe the intention of the regulations is to allow previous time to count when a country joins the EEA. However, the wording also appears to cover the case of the person becoming an EEA national by acquiring a new nationality.

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