
Details are:
I have been in continuous employment for over 5 years (well was out of employment for 1month when a company crashed, didn’t claim any benefit and didn’t ask for the money owned to me for the last months wage).
My wife entered UK more then 5 years ago as a visitor then switched to a student visa. We met in the UK after both had been here a few months. We got married 1.5 years ago and then she switched to an EEA family permit. (So we have not been living together in the same house for 5 years) but both has been in UK legally for over 5 years.
Therefore she hasn’t been living under EU treaty rights for 5 years.
Now I find the information a bit confusing since on the IND home page it says:
“Your non-EEA national family members may apply independently for confirmation of permanent residence if they have lived with you in the United Kingdom for 5 years. They will need to provide evidence that their EEA family member has been exercising Treaty rights in the United Kingdom during this period.â€