EEA2 to EEA4 to BC, time spent in UK requirments inquiry

[Khal Drogo]

Dear all,

Im in confusing situation, and looking for your advice to prepare myself for future applications.

Here is the the situation, I am a non EEA husband of an EEA (got married May 2011 - not in UK)

Me:
Arrived UK on visitor visa, DEC 2011
Got EEA2, OCT 2012
Full time postgrad student from sept 12 to sept 13

My wife,
Arrived UK OCT 2011
Full time undergard student sept 2012 - sept2016

-----

Now, i understand that i can apply for eea4, from 5 years of my arrival to uk, not necessarly from the day i got eea2, is that correct? Which means i can apply for eea4 on DEC 2016

The second question is, im going to be a part time PhD student from sept 2013, and i will work in a non eea country, keep visiting UK every now and then, in the meantime wife will continue her full time undergraduate in UK, i will be paying rent in the UK and have all the normal stuff on my name and my wife's (bills + taxes + etc) .. How this will effect my eea4 application, if my 'actual, pysical' presence in UK will be around 2 monthes a year and my wife's around 10 months a year.

Keeping this in mind, how this will effect my BC applicatiom, will there be a requirment to show where i was for the last 5 years? Or for BC i only need to show eea2 and eea4 and 1 year status in the UK.

Many thanks

[John]

My wife,
Arrived UK OCT 2011
Full time undergard student sept 2012 - sept2016

So what was she actually doing in the UK between October 2011 to September 2012? In other words, in that period how was she exercising Treaty Rights in the UK?

Also since September 2012, has she any sickness insurance?

[Khal Drogo]

My wife,
Arrived UK OCT 2011
Full time undergard student sept 2012 - sept2016

So what was she actually doing in the UK between October 2011 to September 2012? In other words, in that period how was she exercising Treaty Rights in the UK?

Also since September 2012, has she any sickness insurance?

from Oct 11 - Sept 2012 (she worked part time and full time (on and off) + had good bank statements to show we were self sufficient)

since June 2012 till date she has comprehensive sickness insurance with BUPA

[Khal Drogo]

OK - from my memory, she started exercising her treaty rights from May 2011

[John]

Arrived UK OCT 2011

OK - from my memory, she started exercising her treaty rights from May 2011

So, don't understand, if she arrived in October 2011, how did she start exercising Treaty Rights in May 2011?

[Khal Drogo]

Arrived UK OCT 2011

OK - from my memory, she started exercising her treaty rights from May 2011

So, don't understand, if she arrived in October 2011, how did she start exercising Treaty Rights in May 2011?

She didnt work until may 2012 and from sept 2012 she was a full time student. From oct 2011 to may 2012, she looked for jobs + settling down + applying for unis + went to EU home country for couple of months etc

[Khal Drogo]

Previously i meant may 2012 not 2011, sorry, got a bit confused

[John]

So both of you started to exercise Treaty Rights in the UK in May 2012. Accordingly the 5-year clock for PR gets reached in May 2017.

As regards Naturalisation, you need at least one year with PR status, and therefore the earliest time for making such an application will be in May 2018 .... says current legislation, which potentially might change before that date.

[Jambo]

im going to be a part time PhD student from sept 2013, and i will work in a non eea country, keep visiting UK every now and then, in the meantime wife will continue her full time undergraduate in UK, i will be paying rent in the UK and have all the normal stuff on my name and my wife's (bills + taxes + etc) .. How this will effect my eea4 application, if my 'actual, pysical' presence in UK will be around 2 monthes a year and my wife's around 10 months a year.

How long would the Phd last? Absences over 6 months a year (or a single absence for 12 months for important reason such a study) would effectively reset your 5 years. It doesn't matter that your wife will remain in the UK or that you will be named on the utility bills, your PR would be affected. And this of course will affect the BC in a later stage.

[Khal Drogo]

My phd is at a UK uni, part time, 6 years, 2013-2019. My intention now is to work overseas and keep visiting the uni every now and then (total of around 2 months a year will be spent in the UK).


Thanks guys,

[Jambo]

My phd is at a UK uni, part time, 6 years, 2013-2019. My intention now is to work overseas and keep visiting the uni every now and then (total of around 2 months a year will be spent in the UK).


Thanks guys,

With so many absences, those years won't count for PR so you start from zero in 2019.

[Khal Drogo]

Thanks guys, i highly appreciate your responses