Switching to EEA Family Permit from UK Ancestry Visa

[kiwidutch]

Hi there

I am a New Zealander living in the UK with my dual Passport holding (Dutch/NZ) fiance. I am working here on a UK Ancestry Visa, however it expires in 2013 and we're wondering whether it would be better for me to jump on my fiances passport and try to obtain the EEA Family permit. It's considerably cheaper and seems to make sense.

Does anyone know if it is possible to do switch to an EEA Family Permit if you're already living in the UK?

Any guidance would be greatly received!

Thanks

[John]

You describe him as your fiancé, so when do the two of you intend to get married? Would that be before or after you might switch from the ancestry visa?

[kiwidutch]

[quote="John"]You describe him as your fiancé, so when do the two of you intend to get married? Would that be before or after you might switch from the ancestry visa?[/quote]

Hi John

We've been engaged for a year, but have been living together for 7 years and can easily prove that with tenancy agreements etc. We were intending to marry after the switch from Ancestry visa however it was an issue then we could marry before this.

thanks

[Directive/2004/38/EC]

If you have been living together for 7 years, then you could apply now for a Residence Card. Or you can do it after you get married.

More evidence needs to be produced now, but I with that long a history I suspect you will have no problem proving you have a long term relationship.

[kiwidutch]

Thanks Guru

Can I apply for this before my Ancestry Visa expires? And can I do this from the UK, or will I need to go back to New Zealand to do it?

[Directive/2004/38/EC]

Can I apply for this before my Ancestry Visa expires? And can I do this from the UK, or will I need to go back to New Zealand to do it?

I see no reason not to do it now.

The worst case, is that you apply, UKBA refuses for some reason, and they withdraw the original AV for some spurious reason. In such a case it might make sense to move up the date of your wedding and get married a bit earlier. It would be very hard for UKBA to claim it is a marriage of convenience if you have been together already for 7 years.

Remember that your 5 year clock to PR starts from the earliest of:
(1) When the RC is issued
(2) when you get married.

[greatscott]

Remember that your 5 year clock to PR starts from the earliest of:
(1) When the RC is issued
(2) when you get married.

I thought for SS, the date you arrived to take up residence is the date from which the 5 years is calculated? even if the RC is issued 6 months later?

Also can you clarify Directive- the date from which a non-eu spouse is entitled to stay on in the UK in her own right, should the British spouse pass away (also SS route). For this I also thought date of entry applies.

[Directive/2004/38/EC]

Remember that your 5 year clock to PR starts from the earliest of:
(1) When the RC is issued
(2) when you get married.

I thought for SS, the date you arrived to take up residence is the date from which the 5 years is calculated? even if the RC is issued 6 months later?

Also can you clarify Directive- the date from which a non-eu spouse is entitled to stay on in the UK in her own right, should the British spouse pass away (also SS route). For this I also thought date of entry applies.

I am happy to discuss this in a different suitable thread, but this has nothing to do with the questions and issues faced with this OP.

[Jambo]

I think the key word in Directive's statement was

Remember that your 5 year clock to PR starts from the earliest of:

.

It might be different for other cases.

[greatscott]

Remember that your 5 year clock to PR starts from the earliest of:
(1) When the RC is issued
(2) when you get married.

I thought for SS, the date you arrived to take up residence is the date from which the 5 years is calculated? even if the RC is issued 6 months later?

Also can you clarify Directive- the date from which a non-eu spouse is entitled to stay on in the UK in her own right, should the British spouse pass away (also SS route). For this I also thought date of entry applies.

I am happy to discuss this in a different suitable thread, but this has nothing to do with the questions and issues faced with this OP.

ok, sorry if I've confused anyone- will start a new thread then.