questions on Application Category and ESOL

[properale]

Hello, I am doing the research prior to making an application for Indefinite Leave To Remain.

Having read through the Set (O) guidance notes version 10/2011, there's a couple of questions I'd be grateful for any advice on. Apologies for the length (ooer).

1. Firstly, category. I am unsure which to apply in, as my circumstances seem to place me as either:

Part 5 "Employment not Requiring a Work Permit" - I work full time on an EEA2 European Family Permit

or

Part 7 "Long Residence" - I have been in the UK for ages.

The chronology of my stay looks like this:

1997 Sept - 2000 June - student visa - Uni of London
2000 - 2001 - Student visa - diploma course
2001 Sept - 2003 Oct - working holidaymaker
2003 Oct - 2008 - overstayed in UK but worked full time, paying National Insurance and taxes all the while (yes!)
2008 - EEA1 Family Permit - full time work, paying National Insurance
2009 - EEA2 valid till 2014 - full time work, paying National Insurance
No benefits claimed ever, and no convictions.

Which category would i apply under?
I have spent 2 years as a "legally" Working Holiday Maker, and have worked under my EEA2 "legally" for 2 years. But I have been paying taxes/National Insurance for working since 2001.

And barring short holidays and an absence of 8 months, I have also been living in the UK consistently for 14 years.



2. My second question is hopefully easier.
Do I need to go for the ESOL test, seeing as English is my first language, furthermore I graduated in Science Communication from the University of London?


Grateful for your advice

[Casa]

You can't go for the ESOL option as English is your first language. If you apply under UK rules you'll need to pass the Life in the Uk test (KOL).
However it appears as if you'll be applying under EU/EEA regulations, in which case you won't need the KOL qualification, but neither will you be able to apply on SET(0) for ILR. You would apply for PR after 5 years on your EU family permit. You can't count the period before this, especially as from 2003-2008 you were here illegally as an overstayer.

You can't jump from one route to another. Wait for others for have more experience on EU rules to confirm your options.

[properale]

Hi again, sorry was offline for a few days.

Yes, it's an unusual circumstance I'm in re: "which category?"

Thus I would be really grateful if someone had advice for the above.

Counting back to 1997, I've been here for 14 years in total, so would that long stay qualify for a route of application?

If the moderators feel it's appropriate, I can repost this in the EEA section of the forum as well.

Am guessing most people are at the office drinkies now, I'll check back in a few days

cheers

[Casa]

I'll move it to the EU section where you should get the answer you need.
There'll be a 'shadow' link left from the original.

[Jambo]

Could you provide more info on your Eea2 application? On which basis was it made? Marriage, unmarried partner, other? If marriage , when and where did you get married?
It seems you might be able to apply for ILR based on long residency (14 years unlawful residence) but I'm not very familiar with this category so better to wait for input from other members. However, if you not in a rush to get ILR, you can continue to stay under the EEA regulations and apply for PR when you can (for that you need to answer my questions in the first paragraph). The main advantage with the EEA route is that it is free.