Is living with EEA national considere not "time limited

[anjelala]

Hi,

This is my first post, so please excuse any mistakes I make.

I am an Australian citizen looking to apply for British Citizenship.
I have lived in the UK since September 2007 under the Tier 2 (General) migrant category. (However - I had this leave to remain cancelled when I moved to Sweden in 2008 for 10 months).
In March 2009 I returned to the UK and I obtained Leave to Enter as a Tier 2 (General) migrant. In March 2012 I had this leave to remain renewed for a further 2 years.
In 2010, my Swedish boyfriend and I started living together in London. In October this year (2012), it has been two years, therefore we now pass the durable relationship test.

Finally, to my question:

One of the requirements of applying for British citizenship is that the previous 12 months before applying needs to be "not subject to any time limit under the immigration laws". I know that my tier 2 visa IS time limited and therefore doesn't count.

But -[b] would living here as the family member of an EEA national be considered "not subject to any time limit under the immigration laws". [/b]

I note that a residence card issued to the family member of a EEA national is usually issued for five years.
However I believe that the residence card is merely a document and not actually the permission. The right to stay here is via European Law, not granted by the UK via the application for a residence card, so the residence card is not relevant?

If the answer to my question is yes, then does it follow that [b]I could count four years of my time here under the Tier 2 visa + one year as the family member of an EEA national = 5 years which would qualify me for British Citizenship? [/b] I would look to apply in October 2013, one year after we qualified as "family members" due to our "durable relationship".

The reason I would choose to go straight to citizenship rather than for Indefinite Leave to Remain is because the absence rules are more strict for ILR and I would not be eligible for ILR due to my 10 months in Sweden. However citizenship allows you to be away for not more than 450 days in the past 5 years, which is OK for me.

I have not seen anywhere where it says that applying for ILR first is required prior to citizenship, although I understand that this is the route most people follow.

Any advice would be greatly appreciated!
Thanks and sorry for all the details !

[Jambo]

would living here as the family member of an EEA national be considered "not subject to any time limit under the immigration laws".

For the purpose of naturalisation, the requirement to be free of immigration control means for people under the EEA regulations to hold a Permanent Residence status which is obtained after 5 years of residence under the regulations.

I note that a residence card issued to the family member of a EEA national is usually issued for five years.
However I believe that the residence card is merely a document and not actually the permission. The right to stay here is via European Law, not granted by the UK via the application for a residence card, so the residence card is not relevant?

This is true for family member (spouse, children) who obtain the rights under the EEA regulations automatically. For them, a Residence Card is just a confirmation of their rights.

However, for unmarried partners, they don't have automatic rights and only obtain the rights after the HO approves their relationship following an application.

If the answer to my question is yes, then does it follow that I could count four years of my time here under the Tier 2 visa + one year as the family member of an EEA national = 5 years which would qualify me for British Citizenship?

No.

You must have either ILR (following 5 years on Tier-2) or PR (following 5 years under the EEA regulations. As unmarried partner, your time under the EEA regulation starts when the Residence Card is issued).