Family member of EEA - now whats next step?

[ang3l.in.paradise]

Hi All,

I have been in UK for 5 yrs and 2 months.
I was on a work premit with a indian company for 2 yrs and then for the last 3 yrs been on the residence card (granted to spouses of EEA nationals). The visa is for 5 yrs.
Since i have completed 5 yrs stay in UK i was wondering if the next step for me is to apply for the permanent residence?
please guide me.

Thanks

[Greenie]

When did you get married?

[ang3l.in.paradise]

i got married in may 2007.
Was on work permit in UK from june 2007 to july 2009.
Was on residence card(family member of EEA) from aug2009 to till date.
My residence card is valif till aug 2014 but as i have completed 5 yrs stay in uk, i want to know whats my next step.

[Greenie]

Has your spouse been living in the UK and exercising her treaty rights since your marriage?

[ang3l.in.paradise]

Yes my spouse has been living in UK for close to 10 yrs and has been exercising his treaty rights since our marriage?

[ang3l.in.paradise]

Can someone advise please?

[Mr Rusty]

You can not swap backwards and forwards between UK Immigration Rules and EEA Regulations. You are currently residing in the UK under the EEA Regulations and are therefore subject to this clause:-

15.—(1) The following persons shall acquire the right to reside in the United Kingdom
permanently—

(b) a family member of an EEA national who is not himself an EEA national but who has resided in the United Kingdom with the EEA national in accordance with these Regulations for a continuous period of five years

The phrase I have highlighted in bold means that you will qualify for Permanent Residence in Aug 2014.

Edit:- just to clarify my phrase "backwards and forwards", you did of course change from LTR under the Immigration Rules to residence as an EEA Family Member. However, you could not now apply for ILR under the Immigration Rules because you would not satisfy the requirement to have current LTR under the Rules. Therefore you have to do the 5 years as an EEA Family Member.

[Obie]

I agree you should be in the postion of qualifying for PR Under EU law.

I see no advantage but drawbacks in applying for ILR under national rules even if it was permitted.

I am moving this topic to the EEA section, as i feel it is most suited for that section.

[EUsmileWEallsmile]

i got married in may 2007.
Was on work permit in UK from june 2007 to july 2009.
Was on residence card(family member of EEA) from aug2009 to till date.
My residence card is valif till aug 2014 but as i have completed 5 yrs stay in uk, i want to know whats my next step.

It would appear from your posts that you married in May 2007 to an EU national who has been living in the UK in accordance with the EEA immigration regulations since your marriage. It would also appear that you lived in the UK during this time. If this is the case, you also lived in the UK in accordance with the EEA immigration regulations and would appear to have qualified for permanent residence in May 2012.

The fact that you did not apply for a residence card until Aug 2009 does not necessarily mean that you have to wait until Aug 2014 for your PR status to be recognised.

[mcovet]

i got married in may 2007.
Was on work permit in UK from june 2007 to july 2009.
Was on residence card(family member of EEA) from aug2009 to till date.
My residence card is valif till aug 2014 but as i have completed 5 yrs stay in uk, i want to know whats my next step.

It would appear from your posts that you married in May 2007 to an EU national who has been living in the UK in accordance with the EEA immigration regulations since your marriage. It would also appear that you lived in the UK during this time. If this is the case, you also lived in the UK in accordance with the EEA immigration regulations and would appear to have qualified for permanent residence in May 2012.

The fact that you did not apply for a residence card until Aug 2009 does not necessarily mean that you have to wait until Aug 2014 for your PR status to be recognised.

+1!!!!!!!! u living in.accordance with eea regs means being married and having ur wife exercise treaty rights in the uk, ignore.the guy who says u.cannot switch back and.forth! u may apply immediately for.pr on form eea4 and provide ur wife's proof of contimuously exercising treaty rights. Good luck and hope u can prove her work etc easily enough!