PR after 5 years on different visas for non-EU ?

[Stash]

Hello,

I have read couple of topics on this subject but none really fitting our situation.

I am EU national, joined the UK back in 2010 with my husband-to-be at that time and find a job immediately. I am still in the same job and complete 5 years of continuous employment.
My husband (non-EU national) entered the UK in 2010 with a Tier-1 visa.
We then get married in 2012 and he applied for the EEA2 RC which he gets without any trouble.

I am going to apply for EEA3 but we were wondering about my husband as he did also complete 5 years in the UK but with 2 visas : Tier1 and EEA2 .
We called the HO and they said that he needs to complete 5 years with EEA2 before being eligible for EEA4.

While going through the documentation for EEA4, I thought to have read that he was allowed to apply for EEA4 as a family member of a EEA3 and that we needs to prove that he is in continuous employments for the last 5 years and that we are leaving together.

does anyone would know if the 5 years to gain PR needs to be on the same visa only ?

thanks for your advice !

[CR001]

He needs 5 years as EEA partner for PR. He cannot combine time on Tier 1 with the time on EEA FP to make up 5 years, they are two different sets of rules/laws.

[Stash]

thank you for the confirmation !
I think they have changed the documentation for the EEA route and its become utterly confusing ! I don't remember having struggle that much with Tier-1 and EEA2 back in time.

[noajthan]

5 years since marriage to Union citizen sponsor (qualified person) is required in order for dependent to acquire PR.
(Assuming no prolonged absences from UK).

Time as an unmarried partner could only be used if partner had had an EFM RC with the sponsor at the time before marriage.