Immigrationboards.com

1. I am EEA national
2. with non-EEA national un-married partner.
3. un-married partner has had EEA family member status since May 2007.
4. In the meantime I have also become a British Citizen and hold a passport.

What is the best route for the un-married partner to apply for indefinite leave to reamain?

A. via EEA4 form
B. via immigration rules for indefinite leave to remain, using the EEA stauts as evidence of +4 years of durable relationship?

The issue with EEA4 is that I was exercising treaty rights as a student for the period 2004-2010 and with the new requirement for students exercising treaty rights to show that they had private health insurance retrospectively, I am unsure if this will result in family member's app being refused on a technicality.

There is a box on the EEA4 form to tick if the EEA national also possess British Citizenship but knowing how obtuse HO are, I don't know which route to pursue.

You can't just use time spent under EEA regulations to be used for application under the UK immigrations rules which means that if your partner wishes to use the UK ILR route, they will need to start the count for ILR from zero.

However, if you were granted a BC, this means that the HO has already recognised that you have obtained PR status so they should not reject your partner EEA4 application by claiming you have not exercised your rights for 5 years.

Did you apply directly for a BC or did you apply first for confirmation using EEA3?

I applied directly for BC via NCS. They found a way using an old piece of legislation and used it in a cover letter as I had been in the UK as an EEA national albeit in secondary education, since 1997.

In that case, if you have obtained PR before your 2004-2010 student years, you did not need any CSI to cover those years.

In that case I should just apply again via NCS and make sure they explain it as before?

My concern is that the application is poorly laid out, and makes it very easy to reject if you don't supply further clarification in such cases.

Thank you for your comments. I will speak to the lady at NCS that helped me and ask her how best to proceed with EEA4 then.

NCS don't do EEA4 applications but definitely talk to them to get their advice and a copy of the cover letter if possible.

What ever evidence you produced which satisfied the nationality team in the HO should be fine for the European applications team. You can also state in a letter that the HO acknowledged your PR status and that is why your BC application was successful.

What your partner will need to show is just residence in the UK during the five years since may 2007.

ok. excellent, that sounds like a breakthrough. Will speak to NCS and gather all the same evidence.

Many Thanks again. Nice to be able to speak to someone who knows what I am talking about! Keep up the good work.

over.

NCS has nothing to do with your non-EEA family member's application for PR. You do that through UKBA.