1) Should I apply for a Residence Card (using EEA2 form - an application used by non-European Economic Area (EEA) family memebers residing the UK)?

You can apply if you want to, but once you get your residence permit based on spouse of an EEA national, then all your previous stay will be wiped off, and you will have to wait another 5 years before you gain PR (permanent residence under EEA regulations).


2) If I do that, would that affect my application for ILTR later?
Yes it will effect your ILR application. You will simply not be able to apply.

3) How long before Tier 1 expire can I apply for ILTR?
You can apply 28 days before you complete your 4 year or 5 years residence period. You do not need to wait till your Tier 1 epires.
I have mentioned 4 or 5 years residence, as it will depend on when you got your initial HSMP ie whether you are covered by HSMP judicial review policy document.

regards

Thank you very much Mr. Lookforward. I have rang the home office and they said that I will be able to apply for settlement in October (I first entered UK via HSMP in October 2007) through EEA2 route as well. So they do count HSMP and Tier 1 times as 5 years although then I would have shifted to EEA route.

I'm not sure whether I talk to the right person and different people from Home Office will say the same thing or not. What do you suggest?

Thank you again.

Eve

People who got HSMP approval letter before 3rd April 2006 are eligible to apply after 4 years residence. You got you HSMP in October 2007 so clearly you are out of scope. You can only apply after 5 years of residence (actually 28 days before completing 5 years).
Mix of HSMP, Tier 1, Work permit and Tier 2 all can be combined together to count for residence period.

But as I have already mentioned, once you get into EEA route, your residence period spent on HSMP/Tier 1 etc for counting towards ILR will be wiped off. You cannot be on EEA route and other routes at the same time.

So for example

2 years HSMP + 3 Years tier 1 = ILR possible
2 years HSMP + 2 years tier 1 + 1 year EEA route = ILR not possible

So in a nutshell, even one single day of EEA route will wipe of your previous residence.

regards

Dear Mr. Lookforward,

Thank you again for your answer. I don't mean to challenge you and I hear what you're saying but the Home Office told me different thing. I am totally confused. Is there any written regulations that clearly support your view? Thank you.

Eve

Its not my view. I do not come to this forum to present "my view". If you had even read the form and guidance SET(O) for ILR it would be crystal clear to you.
But you just want the answer that suits you. Please contact an OISC advisor or a solicitor dealing with immigration matters and get their advice.

Look, I did not want to just hear what I want. I just wanted to double check. Yes, I have read the SET(O) and I havent found the answer. I have checked with the authority and they suggested me otherwise. What do you want me to make out of what you said? I have politely asked you for any evidence that support your claim because it is important to me, there is much money involved and five years at stake and if you are not happy to answer then you don't have to, rather than telling me that I need to hear something that I want to hear.

Now I have done further research with immigration solicitors' website and found the right answer.

Hi,

I just have a question regarding my situation. I am a non-EU national who got married with an EU-national. I have been living here for 4 years, in the beginning with my HSMP and then currently on Tier 1 (General). My Tier 1 will expire in Aug 2012 and I have to apply for indefinite leave to remain, which I am planning to. However, I would also like apply for a residence through my husbands' rights of spouse to live here. I know you must be wondering why am I doing that. I'm just afraid that something might happen in between and that if the rules change I can still fall back on my residency through this method. Also, I'm a couple of weeks pregnant and I will have to then apply for ILTR (indefinite leave to remain) in July, when I'm supposed to be heavily pregnant. You can see now that I don't want to be running around like a headless chicken when I'm due to give birth. So my questions are;

1) Should I apply for a Residence Card (using EEA2 form - an application used by non-European Economic Area (EEA) family memebers residing the UK)?

2) If I do that, would that affect my application for ILTR later?

3) How long before Tier 1 expire can I apply for ILTR?

Thank you. I can't find these information anywhere in the internet. Help and suggestions would be greatly appreciate.

Eve