Switching from Tier 1 (G) to EEA Residence Card

[bobitsa]

Hi all,

Looking for some advice as I haven't found the necessary information on the forum.

Following is my situation:
I'm currently on a Tier 1 (General) visa. The extension is going to expire in October 2015 however I wouldn't have completed 5 years to allow me to apply for an ILR at that stage. I will be around 6-7 months short.

But at the same time I am also spouse of an EU national (who's exercising treaty rights in the UK) and technically eligible to apply for an EEA Residence Card. I am quite tempted to go for this option instead of extending the Tier 1 as there is practically no cost involved in getting a EEA Residence Card. We have lived together since I came to the UK in 2011.

However, I am not sure where this puts me in terms of gaining Permanent Residence in the UK. Are there any downsides to switching from Tier 1 (G) to EEA residence card?

I understand that I should be able to apply for a Permanent Residence Card (which is equivalent to Indefinite Leave to Remain?) after having spent 5 years in the UK and also 5 years of living with the EEA family member. i.e. it does not matter when the EEA Residence Card itself was issued? Am I correct in understanding this?

I need to decide this now as I just realised that Tier 1 extensions must be applied for before April 2015.

Thanks in advance for your thoughts.

cheers
Mr Lucifer

What did you do at the end ?I am in a similar situation have to apply for ILR in 2 weeks but thinking to apply for the resident card and after 2 years (I got married 3 years ago)get my permanent card and spend £1850 for myself.

[noajthan]

What did you do at the end ?I am in a similar situation have to apply for ILR in 2 weeks but thinking to apply for the resident card and after 2 years (I got married 3 years ago)get my permanent card and spend £1850 for myself.

Suggest rereading appropriate guidance.

Depends on circumstances and timelines and sponsor activity, but, in general, previous time spent on UK migration route cannot count towards acquiring PR as a family dependent on EU route.

[bobitsa]

thanks for your reply, you mean the 3 years I was married to an Eu national and on tier1 do not count toward the 5 years PR?

[noajthan]

thanks for your reply, you mean the 3 years I was married to an Eu national and on tier1 do not count toward the 5 years PR?

Don't think so, not if you were on a UK migration trajectory under UK Immigration Regulations.

If you were really on EU route with a qualified person as sponsor (and just had a redundant/superfluous Tier 1 visa by some sort of mistake) then it may count.
In that case it's unclear why you bothered with a T1.
It's all unclear from the limited info you have posted.

[noajthan]

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

[secret.simon]

thanks for your reply, you mean the 3 years I was married to an Eu national and on tier1 do not count toward the 5 years PR?

All the time that you were married to an EEA citizen and resident in the UK counts, even if you were on a Tier 1 G visa, because your rights as the spouse of an EEA citizen trump your T1G leave to remain.

But you do require 2 more years of your EEA spouse exercising treaty rights or having PR before attaining PR yourself and a further year to British citizenship.

EDIT: I forgot to clarify that your EEA spouse must not be a dual British-EEA citizen at any time while exercising treaty rights as s/he ceases to exercise treaty rights when s/he becomes British.

[bobitsa]

thanks for your reply, you mean the 3 years I was married to an Eu national and on tier1 do not count toward the 5 years PR?

Don't think so, not if you were on a UK migration trajectory under UK Immigration Regulations.

If you were really on EU route with a qualified person as sponsor (and just had a redundant/superfluous Tier 1 visa by some sort of mistake) then it may count.
In that case it's unclear why you bothered with a T1.
It's all unclear from the limited info you have posted.

hi
My husband is Croatian when I applied for tier 1 I could not apply for the resident card now after I saw the huge fee for the ILR, decided to try the other route.I called the UKBA and they said you can get PR after 2 years but I am not sure they understood me correctly.I just want to know if somebody is on tier 1( not EU route for spouse )and 3 years married to an EU national, can get the PR after 2 years?

[noajthan]

thanks for your reply, you mean the 3 years I was married to an Eu national and on tier1 do not count toward the 5 years PR?

Don't think so, not if you were on a UK migration trajectory under UK Immigration Regulations.

If you were really on EU route with a qualified person as sponsor (and just had a redundant/superfluous Tier 1 visa by some sort of mistake) then it may count.
In that case it's unclear why you bothered with a T1.
It's all unclear from the limited info you have posted.

hi
My husband is Croatian when I applied for tier 1 I could not apply for the resident card now after I saw the huge fee for the ILR, decided to try the other route.I called the UKBA and they said you can get PR after 2 years but I am not sure they understood me correctly.I just want to know if somebody is on tier 1( not EU route for spouse )and 3 years married to an EU national, can get the PR after 2 years?

Depends on whether spouse/sponsor has been exercising treaty rights. (Your activity is immaterial, as long as legal ofcourse).
What have his activities & timeline been, in UK?

Note: Croatian nationals have only been able to exercise free movement rights in the UK since 1 July 2013.

How long have you been married?
How long have you both been in UK?

Have you or he had any prolonged absences from UK?

[secret.simon]

Home Office phone lines have been known for giving incorrect advice. I would not rely on them.

if somebody is on tier 1( not EU route for spouse )and 3 years married to an EU national, can get the PR after 2 years?

No.

It has to be five continuous years of marriage to an EEA citizen exercising treaty rights or having PR in the UK.

Your period of purely T1G does not count for the purpose of the EEA Regulations/EU law.

You can apply either under EU law (PR) or under UK Immigration law (T1G leading to ILR), but not both. The only circumstance when both are allowed is when you apply for the 10 year Long Residence ILR. And that is under UK law, not EU law.

[bobitsa]

Hi

Thanks for your reply.We are around 8 years in the UK. My husband was on tier 1(full time employee) before Croatia joined EU and now he is self employed (ITcontractor).we are married for 3 years. I am currently on 3 years tier 1 expiring end of this month.I can apply for ILR now(need to gather lots of documents in 2 weeks) or apply for the residency card and wait for PR. we do not have long absences(>180).