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Can I meet residency requirement with both EEA2 and Tier2?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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iswong
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Joined: Mon Jul 11, 2016 6:05 pm

Can I meet residency requirement with both EEA2 and Tier2?

Post by iswong » Mon Jul 11, 2016 6:40 pm

Hi everyone

I have been in the UK since August 2010 on the following visas/permits:
Aug 2010 to Apr 2012 - Tier 5
Apr 2012 - I got the EEA2 residence permit, as the unmarried partner of an EEA citizen. We broke up at the end of 2014 so I decided to ask my work if they would sponsor me.
May 2015 - I got my Tier 2 and have been on that since. As far as i know, my EEA2 was never cancelled.

My question is, can I apply for ILR in April 2017 and use the 3 years I have been here on the EEA2 plus 2 years on Tier 2 to fulfil my residency requirement? I have looked at the UKBA forms and guidance notes and have not found a clear answer.

I have been working at the same company in the same role since Jan 2011.

Any help would be much appreciated!

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Can I meet residency requirement with both EEA2 and Tier

Post by Casa » Mon Jul 11, 2016 6:59 pm

No. Your immigration clock for ILR was re-set when you switched to a Tier 2 visa. However, under current rules all legal residence should count towards British citizenship as long as you can prove that your ex-partner was exercising their Treaty rights while you were together.
You can't be simultaneously on an EEA permit and a visa under the UK Immigration Rules.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Can I meet residency requirement with both EEA2 and Tier

Post by noajthan » Mon Jul 11, 2016 7:07 pm

iswong wrote:Hi everyone

I have been in the UK since August 2010 on the following visas/permits:
Aug 2010 to Apr 2012 - Tier 5
Apr 2012 - I got the EEA2 residence permit, as the unmarried partner of an EEA citizen. We broke up at the end of 2014 so I decided to ask my work if they would sponsor me.
May 2015 - I got my Tier 2 and have been on that since. As far as i know, my EEA2 was never cancelled.

My question is, can I apply for ILR in April 2017 and use the 3 years I have been here on the EEA2 plus 2 years on Tier 2 to fulfil my residency requirement? I have looked at the UKBA forms and guidance notes and have not found a clear answer.

I have been working at the same company in the same role since Jan 2011.

Any help would be much appreciated!
There is no UKBA anymore, if you found UKBA forms then they must be out of date.

Unmarried partners cannot retain a right of residence under EEA regulations once the relationship is over. Your RC is rendered invalid by virtue of the relationship breakdown and separation.

The period 2012-2014 will only have been valid under EEA regulations if your sponsor was exercising treaty rights at the time you were in a relationship 'akin to marriage',

My understanding is the only way to use such a period is as part of a 10 year LR application, and that would be at discretion.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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