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SET(M) or EEA4

Posted: Mon Apr 22, 2013 12:08 pm
by alex_max
Hi There

I am really confused and don't know what to do.

I am an Egyptian came to UK on Mar 2003 on student visa then got married on Mar 2010 to Spanish citizen who lives/study and working in UK so I got a visa for 5 years.

now I've been for more than 10 years in UK and more than 3 years married for a EEA.

can someone please tell me which form i should use Set(m) or EEA4 to get the permanent visa as my goal is the UK citizenship.

Posted: Mon Apr 22, 2013 12:21 pm
by vinny
Neither.

SET(LR) is possible. But include proof that EEA citizen was a qualified person or has PR since marriage in 2010 to present time.

Posted: Mon Apr 22, 2013 5:19 pm
by alex_max
vinny wrote:Neither.

SET(LR) is possible. But include proof that EEA citizen was a qualified person or has PR since marriage in 2010 to present time.

Thank you Vinny, but now I am really confused, my wife insisting that i should use EEA4 and a friend who work as a lowyer is telling me to use SET(M) and now you telling me SET(LR)

:/

Posted: Mon Apr 22, 2013 6:54 pm
by Obie
Vinny is perfectly correct, and your wife and lawyer seem to be wrong.

You have not been living in the UK in accordance with the EEA regulations for 5 years, that is, as the spouse of a qualified person for 5 year. Therefore an application under regulation 15(1b) is almost certainly doomed to fail.

Your only option is applying under national rules, subject you your passing the life in the UK test and meeting the suitability requirement.

Then and only then, will a caseworker exercise discretion, and accept in lawful residence under the EEA regulation, as if it was leave to remain under the rules.