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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I'm considering applying UK Residence Card as the spouse of an EEA national Ba

Resolved Question:

I’m considering applying for a UK Residence Card as the spouse of an EEA national
Background: I’m a male South African citizen currently living and working in the UK since April 2011 under a UK Ancestry Visa.
I married my long term girlfriend, an EEA national (Czech), in the UK in June 2013, we have been in a relationship in South Africa since April 2010 and moved in together in the UK in Sept, 2011.
Question 1:
Will the UK Residence Card cancel out my current UK Ancestry Visa? ? i.e. I will not be able to apply for indefinite leave to remain under my Ancestry Visa in 2016 (and then UK citizenship a year later)
Question 2:
If I were to apply for permanent residence (and subsequently UK citizenship) under my marriage, from when does the 5 year requirement start?
a) arrival in the UK (April 2011)
b) Living with EEU national (Sept 2011)
c) When my girlfriend started working in the UK (Jan 2012)
d) When we got married
e)When I receive the UK Residence card
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
You should not switch to a residence card, it would be a disaster for you. This is because once you switch to a residence card your period of residence for indefinite leave to remain ceasers and you start a new period of residence for payment residence under eea rules.
This would mean you would have to wait another 5 years until you can apply for permanent residence. Effectively your ancestry visa is cancelled, as you put it.
If you were to switch then your period of residence would start from the date that you had cohabited with your partner for two years, which would be 2013.
Kind regards
Tom
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