EEA2 change to SET M

irishandsl · Post by **irishandsl** » Wed Aug 31, 2011 8:39 pm

Hello All
I hold a EEA2 and My partner is Irish and British pass port holder. When we were apply for EEA2 I was over stayer and solicitor we went to see that time advice us to use EU law. Any way I already had EEA2 over 2 years now and I just wonder I could change my visa status and apply for SET M. Please guys let me know it is possible? also my partner got redundant last may and he is claiming housing benefit. Will it be effect my application?

Post by **Greenie** » Wed Aug 31, 2011 8:45 pm

no you can't apply for settlement on form SET(M) because you do not satisfy any of the requirements in para 287 (a)-(f)

Post by **Lucapooka** » Wed Aug 31, 2011 9:02 pm

Echoing Greenie's comment, you are on the EU track and can't make any type of application under UK immigration rules from inside the UK. The only exception to this would be a shot at 10 year long residence, where there is discretion to allow people under EU rules to apply for ILR if they have otherwise been unable to qualify for PR.

irishandsl · Post by **irishandsl** » Thu Sep 01, 2011 9:49 am

I have been in The UK now over 10 years but most of that time was with out visa so I don't that would count?

Post by **Lucapooka** » Thu Sep 01, 2011 9:57 am

Even if it did count (but it doesn't) you would not qualify in this category unless you were in a situation that prevented you from acquiring PR under EU rules. Your EU partner would have to be in a situation where he was ending his on-going exercision of treaty rights or you were about to divorce, etc.

Applications may be received from third country nationals who have spent part of their time in the United Kingdom as the spouse, civil partner or other family member of an EU/EEA national exercising their treaty rights to reside here, but who have not been able to qualify for permanent residence

irishandsl · Post by **irishandsl** » Thu Sep 01, 2011 11:33 am

Thanks guys. Please tell me what are the options I have to become full British Resident?

Post by **Greenie** » Thu Sep 01, 2011 12:13 pm

irishandsl wrote:Thanks guys. Please tell me what are the options I have to become full British Resident?

asssuming you mean becoming a British Citizen, your options are:

Stay in the UK on your EEA residence card, complete 5 years until you have acquired Permanent Residence, and then apply for naturalisation once you have PR.

Leave the UK and apply for entry clearance as a spouse under the immigration rules - then apply for ILR once you have completed two years under this catergory, after which you can nauralise. Note however that if your husband is currently unemployed and in receipt of housing benefit you may struggle to meet the maintenance requirements.

If you go down the immigration rules route you will be eligible for settlement a year earlier than if you remained her to complete your 5 years under the EEA route, but then you would have the expense of having to leave the UK, and pay for the initial two year visa, and then for settelement two years later, with the risk also that you will not even qualify, whereas the EEA route is free and you have already completed two years in this category.

Post by **Lucapooka** » Thu Sep 01, 2011 12:15 pm

After five years residence under EU rules you will be considered a permanent resident of the UK (but is contingent on your partner's continued exercision of treaty rights). Then one year after this you may apply for naturalization.

Post by **Greenie** » Thu Sep 01, 2011 12:19 pm

Lucapooka wrote:After five years residence under EU rules you will be considered a permanent resident of the UK (but is contingent on your partner's continued exercision of treaty rights). Then one year after this you may apply for naturalization.

She will not need to wait a year after obtaining PR as she is married to a British Citizen. See Requirements for naturalisation if you are married to or the civil partner of a British citizen

Post by **Lucapooka** » Thu Sep 01, 2011 12:20 pm

Yes, I agree, I did not spot that. I was focused on the EU part of the equation.

irishandsl · Post by **irishandsl** » Thu Sep 01, 2011 12:35 pm

Thanks for the link. According to that, after 3 years married to a Brtish citizen non EU partner can apply for ILR is that right? I'm confused. Not sure what to do. We had our CP in December 2008 and I got my EEA2 visa in July 2009. Up to 2009 I was over stayer that why we went through EU ruls even my partner was British.

Post by **Lucapooka** » Thu Sep 01, 2011 12:37 pm

It says after 3 year but also be free from immigration time restrictions. This means you must have Permanent Residence to be able to apply. You will get PR after five years of residence under EU rules. You can't apply for citizensip without having achieved this.

irishandsl · Post by **irishandsl** » Thu Sep 01, 2011 2:33 pm

Thanks guys. So my best option complete my five years EEA2 and then apply for EEA4 or ILR?

Post by **Greenie** » Thu Sep 01, 2011 3:00 pm

irishandsl wrote:Thanks guys. So my best option complete my five years EEA2 and then apply for EEA4 or ILR?

Not quite. You apply for confirmation of PR on Eea4 after 5 years. Ilr is for applications under the immigration rules.

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EEA2 change to SET M

EEA2 change to SET M