Non Europian to Europian marriage

[ben1972]

Hi there,

My girl friend and I are living in London at the moment while she is a German sitizen holding a German passport and i am a non Europian Citizen.

We are planning to get married soon and we are living in London at the moment. Does anyone can advise about my chances to stay and work in London after we get married? What will be my status in terms of living and working in any Eu country after we get married.

Many Thanks in advance.

Ben

[Jambo]

Your status will depend on your wife activities. She will need to exercise EU treaty rights by working, studying or being self sufficient. Once married, you have an automatic right to live and work in the country you both reside. Those rights are across the EU although in Germany, the German national rules might be applied for your wife and you.

In the UK, you can apply for a 5 years Residence Card that confirms your rights. The form to use is EEA2.

Please note that time spent under EU regulations doesn't count for ILR and effectively, your clock resets. You will need to spend 5 years on EU route to qualify for a Permanent Residence. Depending on your circumstances, you may wish to continue with your current visa if this would grant you a shorter path to citizenship (if that's on your mind).

[ben1972]

Hi Jambo,

Many thanks for your highly appriciated answer.
Regardsing my current status, i am under the Tier 1 and left with only 11 months to the point when i could apply for the ILR. My question was to examine a case where i wont be able to get the ILR under the Tier 1 for any reason.

Regarding your answer, if we are getting married does my accamulated time of 4+ years will be considered toward the ILR for marital status with my girl friend?

Many thanks for your answer.

Ben

[Greenie]

Regarding your answer, if we are getting married does my accamulated time of 4+ years will be considered toward the ILR for marital status with my girl friend?

Many thanks for your answer.

Ben

no ILR is for applications under the immigration rules. Acquiring settlement under the EEA regs is referred to as Permanent Residence - you can't combine time under the rules for tier 1 with time under the EEA regs for the 5 years.

[Jambo]

You can be in parallel under both Tier-1 and EU regulations so if you are married and your wife is exercising treaty rights in the UK, you would be still legal in the UK even if your ILR application fail.

As Greenie stated, you can't combine the period before your marriage from the two different immigration rules.

[Obie]

You could combine the Two period for Long Residence purpose. But you are unable to do so under the settlement provision for people under PBS.

I am moving this topic to the EEA application section, as i believe it is best placed to be be there.

[ben1972]

Guys - many thanks for your helpful replies.