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Become EU citizen whilst Tier2 - ILR 5 years residency

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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andreluis
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Posts: 2
Joined: Thu Apr 26, 2018 10:57 am
Brazil

Become EU citizen whilst Tier2 - ILR 5 years residency

Post by andreluis » Thu Apr 26, 2018 11:02 am

Hello,

I've been in the UK now for 4 years under a Tier 2 General VISA, technically
I would be able to apply for my ILR at the end of this year(2018), my first visa date is 19/01/2014,
But I will soon(matter of months), acquire a EU citizenship(Portuguese) through my father(who just finally acquired his) therefore no longer need my Tier 2 Visa.

My Question is, do I still require/could apply for an ILR ?
Would I be able to just cancel my TIER 2 and in 2 years time would be able to apply for UK Citizenship ?

thanks for the help.

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: Become EU citizen whilst Tier2 - ILR 5 years residency

Post by secret.simon » Thu Apr 26, 2018 11:05 am

andreluis wrote:
Thu Apr 26, 2018 11:02 am
Would I be able to just cancel my TIER 2 and in 2 years time would be able to apply for UK Citizenship ?
No, you cannot combine time spent in the UK under the UK Immigration Rules (Tier 2) and the EEA Regulations (EU citizen).

To apply for ILR, you need to complete five years under Tier 2 itself.

To acquire PR under the EEA Regulations, you need to reside in the UK as an EEA citizen or their family member and exercise treaty rights as an EEA citizen for five continuous years.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

andreluis
Newly Registered
Posts: 2
Joined: Thu Apr 26, 2018 10:57 am
Brazil

Re: Become EU citizen whilst Tier2 - ILR 5 years residency

Post by andreluis » Thu Apr 26, 2018 11:08 am

Thank you for the fast reply.

Would be worth delay my EU citizenship, get the ILR ? or wouldn't matter ?


Regards
Andre

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: Become EU citizen whilst Tier2 - ILR 5 years residency

Post by secret.simon » Thu Apr 26, 2018 11:23 am

andreluis wrote:
Thu Apr 26, 2018 11:08 am
Would be worth delay my EU citizenship, get the ILR ?
I think so. I think that as an EEA Citizen cannot be subject to leave under the Immigration Rules, you would not be eligible for either Tier 2 or ILR if you acquire EEA citizenship.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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