Non-EEA (Tier 2) with EEA partner: should I switch?

Hi forum, I'm new here.

I would like to get some advice on my situation. I am a New Zealander nonEEA on a tier 2 General visa and have been living with my German boyfriend (working in the UK), since June'14 (so almost 2 years now). I want to know what my options are for applying for an EEA Residence Card ahead of any new changes with the EU referendum talks making us all feel even more unwelcome.

I want to know:
-Am I eligible for the EEA Residence card, in order to live and work in the UK, once we have lived together for 2 years (Jun'16)?
-How long prior to Jun'16 can I apply for this, or do I need to apply only after 2 years has passed? How long is the process likely to take (ie my tier 2 visa needs to be extended in Jan17)?
-For the purposes of ILR, can I switch from my Tier 2 visa (which I have been on for 2 years now) to the partner visa, or does it reset the 5-year clock?
-Will we be affected by the new European Commission rules coming into place, namely "The Commission intends to adopt a proposal to complement Directive 2004/38 on free movement of Union citizens in order to exclude, from the scope of free movement rights, third country nationals who had no prior lawful residence in a Member State before marrying a Union citizen or who marry a Union citizen only after the Union citizen has established residence in the host Member State."

Thank you for your help!

Geneiva wrote:Hi forum, I'm new here.

I would like to get some advice on my situation. I am a New Zealander nonEEA on a tier 2 General visa and have been living with my German boyfriend (working in the UK), since June'14 (so almost 2 years now). I want to know what my options are for applying for an EEA Residence Card ahead of any new changes with the EU referendum talks making us all feel even more unwelcome.

I want to know:
-Am I eligible for the EEA Residence card, in order to live and work in the UK, once we have lived together for 2 years (Jun'16)?
-How long prior to Jun'16 can I apply for this, or do I need to apply only after 2 years has passed? How long is the process likely to take (ie my tier 2 visa needs to be extended in Jan17)?
-For the purposes of ILR, can I switch from my Tier 2 visa (which I have been on for 2 years now) to the partner visa, or does it reset the 5-year clock?
-Will we be affected by the new European Commission rules coming into place, namely "The Commission intends to adopt a proposal to complement Directive 2004/38 on free movement of Union citizens in order to exclude, from the scope of free movement rights, third country nationals who had no prior lawful residence in a Member State before marrying a Union citizen or who marry a Union citizen only after the Union citizen has established residence in the host Member State."

Thank you for your help!

Yes.

Apply around your 2-year mark. (Not strictly an EU regulation but HO tends to play hardball on durable relationships 'akin to marriage'.).

Processing takes several months;
(note as an extended family member your interim COA will not include right to work).

There is no ILR on EU immigration route. Clock will be reset.
Your 'PR' (5-year) clock will start.

Can anyone who knows kindly share next week's lottery numbers.

Geneiva wrote:Hi forum, I'm new here.

I would like to get some advice on my situation. I am a New Zealander nonEEA on a tier 2 General visa and have been living with my German boyfriend (working in the UK), since June'14 (so almost 2 years now). I want to know what my options are for applying for an EEA Residence Card ahead of any new changes with the EU referendum talks making us all feel even more unwelcome.

I want to know:
-Am I eligible for the EEA Residence card, in order to live and work in the UK, once we have lived together for 2 years (Jun'16)?
-How long prior to Jun'16 can I apply for this, or do I need to apply only after 2 years has passed? How long is the process likely to take (ie my tier 2 visa needs to be extended in Jan17)?
-For the purposes of ILR, can I switch from my Tier 2 visa (which I have been on for 2 years now) to the partner visa, or does it reset the 5-year clock?
-Will we be affected by the new European Commission rules coming into place, namely "The Commission intends to adopt a proposal to complement Directive 2004/38 on free movement of Union citizens in order to exclude, from the scope of free movement rights, third country nationals who had no prior lawful residence in a Member State before marrying a Union citizen or who marry a Union citizen only after the Union citizen has established residence in the host Member State."

Thank you for your help!

Hi Geneiva

This is my exact situation and I can share my experience. As noajthan said, yes, you are eligible for a EEA residence card, bearing in mind you would not have automatic rights, and you would need to wait for the decision to have your right to work. My advice is:

1. Apply on or after you have completed the 2-year cohabitaiton period, don't apply before Jun 16th.

2. The process is taking on average just over 5 months, give or take two weeks.

3. Your clock will restart. I am not an expert, but as far as I can I understand it, your previous 2 years under Tier 2 would only count towards IRL under the 10 year route. To qualify for 5 years under EEA route, you have to have had the EEA residence card throughout the 5 years prior your application for Permanent Residence. See my previous answer to a similar post here: http://www.immigrationboards.com/eea-ro ... l#p1304969

The only way for you to apply for ILR in 3 years' time is to stay as Tier 2, provided your earn £35K or more (I discarded this option as I wanted to leave my job, would have needed to push really hard to get this kind of raise, and I have already been living in the UK for 6.5 years, so ILR for 10 years long residence is really not that long for me to wait from now).

Think what would be best for you depending on your situation. Your Tier 2 will still be valid while the decision on your card is being done, so if you go this route, I suggest you ask for your documents back (BRP and passports).

4. Again, not an expert, but I would say the new directives will not affect you as you do currently have lawful residence as Tier 2...

Be aware an unmarried partner with RC as an extended family member will lose their status & rights in UK (from EU immigration route) if the relationship ends; (perish the thought).

noajthan wrote:Be aware an unmarried partner with RC as an extended family member will lose their status & rights in UK (from EU immigration route) if the relationship ends; (perish the thought).

Obviously, there is this too.

It all comes down to weight which one of the two relationships is stronger / more stable: the work relationship with the employer, or the personal relationship with the partner?

Thanks everyone, that is all incredibly helpful.

Reading some of the other documentation: am I eligible for a residence card if my partner does NOT have PR? He has only been working in the UK for 3 years.

Geneiva wrote:Thanks everyone, that is all incredibly helpful.

Reading some of the other documentation: am I eligible for a residence card if my partner does NOT have PR? He has only been working in the UK for 3 years.

Yes you are. You are NOT eligible for Permanent Residence yet, but you are eligible for a Residence Card if your partner is a 'qualified person'. Do take a look at the guidance here: https://www.gov.uk/apply-for-a-uk-resid ... ligibility

2. Eligibility
You can apply for a residence card if you’re:

from outside the European Economic Area (EEA)
the family member, or extended family member, of an EEA national who is a permanent resident or ‘qualified person’

Qualified persons
A qualified person is someone who is in the UK and one of the following applies:

they’re working
they’re self-employed
they’re self-sufficient
they’re studying
they’re looking for work (only if they meet certain conditions)

Interesting, I am in exactly the same position, see my thread here:
http://www.immigrationboards.com/eea-ro ... 01607.html

Also a NZer. And as a NZer, the prospect of having our passport tied up for 6 months at the HO is daunting, however I've read in other threads that if you wait a month after submitting, they will return your passport if you ask them to, so you could have your passport back after 6 weeks.

In my case I'm also a Tier 2, but I don't enjoy my job and am finding it hard to move company. An EEA card will permit us to be 'free'. It's a competitive job market out there especially in London and being restricted to a Tier 2 means many companies either can't pass us on the labour market test (understandable since it applies to the entire EU) or they can't be bothered. The EEA makes us more competitive when viewed beside other candidates.

diego-560 wrote:Interesting, I am in exactly the same position, see my thread here:
http://www.immigrationboards.com/eea-ro ... 01607.html

Keep in touch with how your application goes. I am tempted to begin my application before I have 2 full years of living together (say a month prior), because by the time they approve/reject my documents it will safely have been 2 years. I'm doing this so that my Tier 2 doesn't expire in the meantime.

I was also on a Tier 5 before going on the Tier 2. One thing that annoys me is that transferring to the EEA EFM is that it sets the 5-year PR clock. So even though we've both been in the UK for nearly 5 years, we have to wait another 5 before applying for indefinite leave to remain.

Good luck!

kamoe wrote:

Geneiva wrote:Thanks everyone, that is all incredibly helpful.

Reading some of the other documentation: am I eligible for a residence card if my partner does NOT have PR? He has only been working in the UK for 3 years.

Yes you are. You are NOT eligible for Permanent Residence yet, but you are eligible for a Residence Card if your partner is a 'qualified person'. Do take a look at the guidance here: https://www.gov.uk/apply-for-a-uk-resid ... ligibility

2. Eligibility
You can apply for a residence card if you’re:

from outside the European Economic Area (EEA)
the family member, or extended family member, of an EEA national who is a permanent resident or ‘qualified person’

Qualified persons
A qualified person is someone who is in the UK and one of the following applies:

they’re working
they’re self-employed
they’re self-sufficient
they’re studying
they’re looking for work (only if they meet certain conditions)

The definition fo Qualified persons really confuses me, is it not suppoused to also say

a qualified person is someone who is an EEA National and who is in the uk

Otherwise doesnt the above guide read that all students, people working etc in the UK are qualified persons and a family member could get a residence card?