Immigrationboards.com

Hi

I have only just stumbled across the EEA2 visa.
My partner and I have been together for 3 years. We lived for 2.5 years together in London and the remainder in Australia.

Would it be possible to apply for the EEA2 visa in Australia? (Canberra)

My partner is French and I am Australian. We had lived in London for over 4 years and have since returned to Australia. However, we plan on returning to England next year. I am currently on a Tier 1 High Skilled

Thanks

I am currently on a Highly skilled Tier 1 visa which expires NEXT Oct (2011)
However, I have decided to return to Australia for one year.

Simply put - No. An EEA2 application can only be lodged in-country.

By the way, I do not think that your Tier 1 visa will be valid if you are away from the UK for a year. May be wrong...

You can either apply for a EEA Family permit (entry clearance) from BHC in OZ or enter the UK holding only your passport and marriage certificate as you are a non-visa national.

Once you both enter the UK and your husband begins exercising a treaty right - employment, self-employment, studying, self-sufficient - you may apply to the UKBA for a residence card (using form EEA2) confirming your rights of residence in the UK as the spouse of a qualified EU national.

Bear in mind that if your husband is exercising treaty rights as a student or self-sufficient person then your EEA2 application would need to be accompanied by comprehensive sickness insurance which, from the UKBA's stand point is not NHS cover. This means that you may have to go the way of private medical insurance to satisfy this requirement.

The ffg links will help:
http://www.ukba.homeoffice.gov.uk/eucit ... sibilites/
http://www.ukba.homeoffice.gov.uk/eucit ... ropeanlaw/
http://www.ukba.homeoffice.gov.uk/eucit ... plication/
http://www.ukba.homeoffice.gov.uk/sitec ... /guide-eea
http://www.ukba.homeoffice.gov.uk/sitec ... a/eea2.pdf

After 5 years of continuous residence in the UK (under the EU route) you will automatically acquire permanent residence.

If your goal is to acquire permanent residence/British Citizenship in the future then bear in mind that time spent under the UK settlement route and EU route cannot be intertwined. By this I mean: say for instance you can remain in the UK on Tier 1 but later decide to switch to the EU route (by applying for a residence card as a non-EEA spouse), your residence clock will be reset to zero and any time spent under Tier 1 lost.