Partner of a Hungarian national

[tawfiq]

Hi every1
I have spouse/partner Leave to remain residence Permit Card which is valid only for 2 years and is expiring soon .
My wife is from EEA and I am not EEA national can I apply for SET(M) form as a non EEA national ?


Thanks

[geriatrix]

If you are in the UK under EU regulations, then no.

[tawfiq]

Thank you for your reply. I can not apply because my wife is from EEA and not Uk national? is that SET(M) for only whose family member is Uk national?
What can I apply for now, which from do I need? I got the spouse /partner leave to remain for only 2 years, does it make any difference?

Thank you

[geriatrix]

I have spouse/partner Leave to remain residence Permit Card

Which form did you use to apply for this?

[tawfiq]

I got married in April 2011 before my student Visa expired in July . I had to apply for FRLM form in May 2011 and I got my residents permit card/spouse leave to remain work permitted for 2years in June it took month and few days but they did not not give 5years(I dont know why 2years bcs of the rules they are saying if u apply before 8 july 2012 u will get 2years )

Thank you

[geriatrix]

You do not have a "residence permit card" but either a residence permit vignette affixed to your passport or a biometric residence permit.

You may apply for settlement using SET(M) form no earlier than 28 days before the 2nd anniversary of date of issue of FLR(M) leave and no later than the expiry date of your current (FLR(M)) leave.

[tawfiq]

It is a card, like an ID card, it is not in the passport. It says RESIDENCE PERMINT, Spouse/Partner Leave to remain, Work Permitted, No public funds.

Thank you

[tawfiq]

What is the difference between the EEA2 or 4 form and the SET(M)
Who can apply for them?

Thank you

[Lucapooka]

The former falls under EU rules and the latter under UK rules.

[tawfiq]

May I ask you to explain it more, please?
SO which form do I need and why?

Thank you very much.

[Lucapooka]

You may apply for settlement using SET(M) form no earlier than 28 days before the 2nd anniversary of date of issue of FLR(M) leave and no later than the expiry date of your current (FLR(M)) leave.

[tawfiq]

I am reading the requirement for SET (M) form. In point 1 it says: If you are a national of a country from outside the
European Economic Area (EEA) and your partner
is an EEA national exercising Treaty Rights in the
UK, you should not be applying on form SET(M).
As a family member of an EEA national, you
should apply for a residence card or permanent
residence under EEA Regulations on form EEA2
or EEA4 depending on your circumstances - see
our website.
In point 2 it says: To qualify for indefinite leave to remain in one
of the categories for which you must use form
SET(M), you must satisfy the requirements set out
in Part 8 of the Immigration Rules, which are on
our website.
One of the requirements is that you have to complete
2 years’ leave to enter or remain as the partner
of the person named in your application.

I find it confusing, so can I apply for both as my wife is European but also I have the Leave to remain.

THank you

[Lucapooka]

What is your wife's nationality? Irrespective of this, it does appear from what you have stated that you applied for FLR under UK rules, which would suggest that she was a permanent resident of the UK at that time.

[tawfiq]

She is Hungarian, she has been working here legally in the UK, but she does not have Resident Permit Card, she has the Worker Registration Scheme from 2007 which is that Blue Card with the Vignette in it saying UK Residence Documentation for a National of an EEA state. Is it acceptable?
But she moved back 2007 - 2008 and now she can not show continuous 5 years however she has payslips since 2004 except that 2007 when she was not here.

Thank you

[Lucapooka]

I don't see how you could have applied using FLR(M) or have been granted leave on that basis. Something is missing in the story. You, yourself, have stated FLR(M) but I think you are mistaken If you can't give accurate facts you can't expect accurate responses.

This thread is now a monument to confusion.

[tawfiq]

That how it was, we applied after the wedding, sent all payslips from 2004 and the Worker Reg. Scheme documentation and I got the Residence Permit.
So what can we do now?
Can I apply for EEA form too?
I travelled to Hungary last weekend and I had to wait 3 hours for a visa at the Hungarian border saying we do not have Family card what I assume is the EEA permit, is not it?
They said we need a family card, so I should apply for that but extend my Leave to remain too?

Thank you

[Lucapooka]

But you would not have used the FLR(M) application form, having previously stated that you did, and that particular piece of misdirection from you has rendered the majority of comments irrelevant.

[jotter]

Hi tawfiq,

Yes, if your wife is Hungarian then you can apply for a Residence Card under the European regulations using form EEA2. You mentioned that she does not have a registration certificate, so it would make sense for you to send in a joint application (EEA1 for her and EEA2 for yourself). This would be valid for 5 years.

[tawfiq]

Thank you for your help.
Can we apply for these EEA forms now and not waiting for the 28 days before the Leave to remain expires as it is difficult to travel to Hungary too?

[jotter]

Thank you for your help.
Can we apply for these EEA forms now and not waiting for the 28 days before the Leave to remain expires as it is difficult to travel to Hungary too?

Yes, you can apply for them now.

[geriatrix]

Changed subject title and moved to the appropriate forum.

[tawfiq]

Hi there this me again ..Tawfiq..

Ive got my ILR last year in August for 10 years my Q is Can I apply for Naturalisation or I have to wait to be in the uk for 5 years ??




Thank you

Tawfiq

[Jambo]

Unless applying as spouse of BC, you need 5 years of residence.

[tawfiq]

thank you for your reply
but my spouse is not BC...

[tawfiq]

i will thanks