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EEA2 to permanent residence

Posted: Mon Mar 12, 2012 11:31 am
by prince.xavier
Hi
I am currently living in UK on a Tier 2 work permit since May 2009. I am married to a French national since 2005 and are living together since then. I have obtained my EEA2 residence card (within one month of applying!) but I am now slightly concerned that when can I apply for the permanent residence ? Should I have 5 years completed on EEA2 residence card? If so I'll loose the advantage of having stayed 3 years in Tier2 work permit. I have the option to ask my employer to renew my tier 2 work permit. I would appreciate any suggestions as to which would be the best option for me.

Thanks,
Prince

Posted: Mon Mar 12, 2012 11:34 am
by Lucapooka
The issue date of the residence card is not relevant. It would be based on the amount of time you have spent in the UK with your partner and that your partner has been exercising treaty rights. If you can count back five years where you have met those conditions, you may apply. If you were married in 2005 then it seems you do qualify if the treaty rights can be confirmed.

Posted: Mon Mar 12, 2012 11:42 am
by Jambo
The time under EEA regulations starts when you meet the rules and is not dependant on having documents to prove it (EEA2 is optional under EEA regulations). The time for PR starts when you started to live in the UK as a married couple assuming your wife has been exercising treaty rights during this period.

You can hold tier-2 and EEA residence status in parallel.

Since when have you been living in the UK?

Posted: Mon Mar 12, 2012 12:01 pm
by prince.xavier
Thanks for the info. Bit more clarification on my status. We are living in the UK since May 2009 when I started my employment . My wife was on a French work contract when we moved here in May 2009. She then took up a UK government job in Jan 2010. Do does this mean irrespective of which immigration status I have been (Tier2 and then EEA2) I can apply for PR any time after Jan 2015?

Cheers
P

Posted: Mon Mar 12, 2012 2:04 pm
by Jambo
prince.xavier wrote:Do does this mean irrespective of which immigration status I have been (Tier2 and then EEA2) I can apply for PR any time after Jan 2015?
Correct. Might be even earlier than that depending on your wife employment with the French employer.