From EEA2 to SET(LR)

[RafaelOliveira]

Hi all,

I hope I've categorised this properly - apologies if not!

Is this possible? I failed to prove my EEA partner was exercising rights for the first 5 years and so now I'm on another 5-year round (learned my lesson!).

However the SET(LR) application seems relevant to my situation and as I already have 10 years in the country (part of it outside and part of it inside the EEA condition but also independently as a student, etc.) I thought to perhaps apply this way to shorten the wait? (I would have to wait another 3 years to continue on the EEA route).

So do you think it's ok to apply for SET(LR) if I independently have 10 years living in the UK legally through various visas?

Thanks everyone and sorry if this has been asked before!

R

[Casa]

If you're here on an EEA2 permit you can't switch to a visa under UK regulations.

[RafaelOliveira]

Thanks Casa! But are you really sure?

I mean, the SET(LR) treats you as an individual and as such I have 10 years residence through various visas.

Is it really that restrictive?

[Casa]

As I see it you don't currently have a visa. You have an EU permit....but let's wait for confirmation from others who have more experience with the EU/EEA regulations.
Edit: This may help. It appears that it's a the case worker's discretion. (The first paragraph refers to the EEA national).
During their time here under the provisions of the EEA Regulations,
the individuals would not have been subject to immigration control
and would not have required leave to enter or remain. Therefore,
they would not fall within the definition of lawful residence given
at paragraph 276A.
However, the family members of EU/EEA nationals exercising their
treaty rights to reside in the UK are here in a lawful capacity.
Provided they meet all of the other requirements, discretion may be
exercised to count this time as if it were lawful residence.
This does not affect the rights of family members of EEA nationals
to permanent residence in the UK where they qualify for it under
Regulation 15 of the Immigration (European Economic Area)
Regulations 2006. ‘’

[RafaelOliveira]

Casa I can't thank u enough for your honourable help. So basically like all things home office... It's a lottery!

[sheraz7]

Ilr based on long residence can be a mixture of any type of visa. But in order to count your time legal towards long residence for a period when you lived as EU national family member, your EU national partner must have been exercising its treaty rights by studying, working, self sufficiency, self employment etc (in that case the discretion will be applied to count that time as legal).

[RafaelOliveira]

Thanks sheraz7 for your help!

Do you think it would qualify if I had 5 years of treaty rights but over around 7-8 years due to a gap (unemployment that we failed to prove that my partner was looking for work).

[sheraz7]

If you have 5 years of treaty rights of EU national then why don't you apply for Permanent residence (eea4) under EU route?

[RafaelOliveira]

If you have 5 years of treaty rights of EU national then why don't you apply for Permanent residence (eea4) under EU route?

Hi. That's a valid question but the period isn't continuous. My wife stopped working for a year, breaking the "continuous" thing. If I wait another year we would again have 5 years but we just don't want to. We wanna get on with our lives.