Non-EEA Spouse applying for FLR(M) under UK Law

[Irie]

This forum is the most useful on the web regarding immigration, very grateful for those who make valuable contribution and assistance, thank you!

Okay, here is my very straightforward question (and very simple answer expected).

On the guidance of FLR(M),

http://www.bia.homeoffice.gov.uk/siteco ... _guide.pdf

it says 'spouse or civil partner of a person present and settled in the UK'.

Q: As written as 'PRESENT AND SETTLED', when a Non-EEA national gets married to an EEA national (who currently doesn't have any residence card at the moment - never applied, has lived in the UK for about 5 years, but about a year away so doesn't count - or PR & and not of any EU-new comers, suppose he is French), does an EEA national HAVE TO possess the PR (after having had the residence card for 5 years) first to enable his or her non-EEA spouse to apply for the 2-year UK marriage visa (of course after the COA and marriage)? What is the British legal status of becoming 'present and settled in the UK' for an EEA national? Only PR, which can be obtained after the consecutive 5-year period?

I am aware that you would suggest the EEA residence card to a Non-EEA national (who is already in the UK), but I am just asking about a Non-EEA national married to an EEA national applying under the UK law.

Thank you for your help!

[yankeegirl]

The EEA spouse wouldn't necessarily have to have the permanent residence card (it's not necessary to apply for one) but would have to show that he/she has been living in the UK and exercising a Treaty right for 5 years in order to sponser a spouse under the UK immigration rules. The exception to this is if the EEA spouse was an Irish citizen, they can sponser a spouse under the UK rules straightaway.

If the EEA national has not met the criteria for PR, he/she can have their spouse join them in the UK under the EU regulations, applying for a family permit if abroad and then for the Residence card once in the UK using form EEA2.