Immigrationboards.com

Hello,

Apologies in advance if this has been covered, but I couldn't find any posts with similar circumstances.

I am Australian and have been residing with my unmarried partner (she is Australian and Italian) for the last 5.5 years in the UK. The first 2 years were on the Tier 5 Youth Mobility Visa and the last 3.5 have been on a EEA2 Residence Card of a family member of an EEA National. The residence card expires in July 2019 but my passport expires in November 2018 and is low on blank pages.

1. Can I simply renew my passport and carry my old passport with me when travelling and also retain the right to work? Or do I need to get a replacement card in my new passport?

2. Can I apply for Indefinite Leave to Remain as I have been living in the UK for over 5 years? Or do I need to wait until it has been 5 years on the EEA2? Meaning the first 2 years don't count.

Thank you for any advice offered

Ben

Hi Ben,

I'm in the exact same position as you were. I didnt find any information on this matter online and I was wondering what you ended up doing?
Did you have reapply all over again for your EEA2 to go with your renewed passport?

Many thanks!

Hi,
1. Yes, in most cases one can just carry the expired passport and show the visa/permit at the border. If it is still valid, then it is no problem even if the passport itself has expired.
2. ILR is for people in the immigration route. You are now in the EU route, the clock resets once you change routes so no, you cannot apply for permanent residency (there is no such think as ILR in the EU route). You have to wait until 2019. I am in the same situation, moved on the UK on a Tier 2 visa and then changed to EEA/EU permit.
Good luck!