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returning EEA UK permanent resident, Non- EEA spouse visa

Posted: Thu Jul 04, 2013 8:51 pm
by Laura123
Hope you can advise me...

I am EEA national. After living in the UK for 5 years while exercising EU Treaty Rights but I did not apply for Permanent Residence and felt a country for nearly 2 years for study pusposes. After those nearly 2 years I returned to the UK.

During my 3rd year living in the UK I got married to a non- EEA national, he applied for residence card (for 5 years). We lived together for 3 years and then, as I have mentioned already, I left the UK for nearly 2 years.

My first questions is, wether I could be considered as a permanent resident even if I did not apply for it?

Secondly,whether my spouse had a right to live in the UK while I was away for 2 years, if I am considered to be a permanent resident?

And thirdly, if my spouse will still be entitled for a permanent residence due to the fact that I was away?

Thank you in advance