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Switching from EEA family permit to ILR
Posted: Sat Apr 27, 2013 9:39 am
by monikie
Apologies if I have posted this in the wrong section.
Heres my case and question:
- I Came to UK Aug 2007 on student visa
- Got Post Study visa till March 2011
- Married my EEA fiance and got EEA permit till April 2016
- I have been in continuous employment since graduating and have a good job.
My spouse now has a job offer from another EU country for 12 months.
However I believe I cannot stay in UK if they re not here / it will mean I have not lived with them continuously for 5 yrs if I were to apply for PR.
Will I be eligible to apply for another route e.g. to ILR - I have 1 yr Student status and 4 yrs continuous employment.
Thanks very much for all you
Posted: Sat Apr 27, 2013 10:08 am
by Lucapooka
Your permission to live in the UK is derived from your EU partner. You can't make any switches into the UK immigration system. You would need to make any such application from outside the UK.
Posted: Sat Apr 27, 2013 11:07 am
by Jambo
Is the job offer from a UK based company but posted overseas? A single 12 months absence for overseas posting is allowed and will not break the 5 years residence.
Re: Switching from EEA family permit to ILR
Posted: Sat Apr 27, 2013 3:40 pm
by sheraz7
monikie wrote:Apologies if I have posted this in the wrong section.
Heres my case and question:
- I Came to UK Aug 2007 on student visa
- Got Post Study visa till March 2011
- Married my EEA fiance and got EEA permit till April 2016
- I have been in continuous employment since graduating and have a good job.
My spouse now has a job offer from another EU country for 12 months.
However I believe I cannot stay in UK if they re not here / it will mean I have not lived with them continuously for 5 yrs if I were to apply for PR.
Will I be eligible to apply for another route e.g. to ILR - I have 1 yr Student status and 4 yrs continuous employment.
Thanks very much for all you
But you need to remember one thing that despite some absences are allowed from UK but whichever route you adopt PR/ILR then the time you are spending on EEA2 RC you need to demonstrate the evidences of the treaty rights of your EEA national partner.
Posted: Sat Apr 27, 2013 7:46 pm
by monikie
Thanks for your replies
It is an EU based company unfortunately.
We have both been living together (infact working together) since marriage and there s proof of that.
So I believe I cannot change to any visa category from the EEA 2 RC without having to leave the country? My spouse has a job offer from Brussels which be a great opportunity for his career, and this means I have no choice but to quit my job and go there?
Thanks again
Posted: Sat Apr 27, 2013 8:01 pm
by EUsmileWEallsmile
There does not appear to be an easy answer for you. You could move with your family member. You could stay in the UK for up to six months after the EU national left.
What's at stake is your future right of an independent permanent residence. You could always come back together at a later date.