Page 1 of 1
SWITCHING FROM EU LAW TO UK IMMIGRATION LAW
Posted: Mon Feb 28, 2011 9:08 am
by clearme
Hi all,my unmarried partner who is an eea national is about to apply for PR after living and working in uk for 5years.I was granted RC 3months ago for 5years based on our relationship.My question is can i switch from eu law to uk immigration law when she gets her PR because we are getting married soon so i would be able to apply for PR after 2years rather than waiting 5years.Any answer would be much appreciated.
Posted: Mon Feb 28, 2011 9:51 am
by Greenie
you would need to apply for entry clearance as a spouse/unmarried partner.
You can't switch from the EU route to the immigration rules route in country.
Posted: Mon Feb 28, 2011 10:34 am
by clearme
Thanks for the reply.If i have to apply from my own country(non-eea) after we get married,how would i be able to come back to uk to continue my job considering i would have to submit my passport containing my RC at the british embassy in my country and may take several weeks to determine my application.I might be stuck there until my application is decided.
Re: SWITCHING FROM EU LAW TO UK IMMIGRATION LAW
Posted: Mon Feb 28, 2011 11:49 am
by fysicus
clearme wrote:Hi all,my unmarried partner who is an eea national is about to apply for PR after living and working in uk for 5years.I was granted RC 3months ago for 5years based on our relationship.My question is can i switch from eu law to uk immigration law when she gets her PR because we are getting married soon so i would be able to apply for PR after 2years rather than waiting 5years.Any answer would be much appreciated.
Why would you want to do this? It is a complicated and costly procedure for as far as I can see very little benefit. ILR (under UK rules) hardly gives you any advantage over the Residence Card (under EU law) you already have!
Do you perhaps want to split up as soon as you have ILR???
Posted: Mon Feb 28, 2011 2:20 pm
by clearme
No,how can i split up with someone i love.We are having a family together.Its just that i would like to get BC more quickly because the immigration system is ever changing.
Posted: Mon Feb 28, 2011 5:22 pm
by fysicus
clearme wrote:... because the immigration system is ever changing.
I would say that's another good reason to stay on the EU route. It's free, and more secure than the UK national route, because the UK government can't change it unilaterally, only when all other memberstates agree.
Of course, it's ultimately up to yourself to decide if it is worth the money and the hassle to acquire BC a bit quicker, but if I were you I wouldn't bother!