Changes: non-EEA national family mem & permanent residen

[Talia]

Hello everybody,

I'm just unsure, but it seems like something changed for non-EEA. What I have found today on the UK BA site http://www.ukba.homeoffice.gov.uk/eucit ... ropeanlaw/:

"If you are an EEA or Swiss national and you want to apply for confirmation of your permanent residence, you must complete application form EEA3"

"If you are a non-EEA national and you want to apply for permanent residence, you must complete application form EEA4"

Don't you think that
"to apply for confirmation of your permanent residence for EEA national" is not the same as
"to apply for permanent residence for non-EEA national" ?

Could you please tell me that I'm just paranoid....

or.... Non-EEA national family members is no more acquired the status of Permanent Resident ///who have resided in the UK (in accordance with the Regulations) for a continuous period of 5 years///????

[Plum70]

The only thought I have is that for EU/Swiss nationals PR is obtained automatically as long as they have lived and exercised treaty rights in the UK in accordance with the EU regulations for 5 continuous years.

For non-EEA family members of the above nationals, PR is automatic if they have resided with their spouse as above. However there are variances where:

There is a divorce before the 5 year period is reached and the non-EEA national may or may not have retained rights of residence and may still be living in the UK w/out applying for confirmation of their status and providing the relevant documentation.

The UKBA is probably just trying to say that it may not be as straight forward for all applicants.