Need help on PR application (non-EEA family member of EEA)

[JanetMaster]

Dear everyone!

I found here is the most popular place to get information on immigration affairs. I just registered and am putting on my question now.

I met my Portuguese boyfriend (now is my husband) in Janpa in 2003. He's been living with his family in the UK since 10 years ago and he's got the PR of the UK now. Because he lives in the UK, I came to the UK for another degree in 2005 after I graduated in my home country. I stayed here based on a student visa and this visa is still valid now. My husband and I got married in 2006 but before that, we always lived together since the first day when I came to the UK in 2005 (which means we've lived together here for 1 year before we got married). In 2007, I got the Residence Card and it will expire in 2012.

I've get some advice from HO saying that I'll be entitled to apply for PR after 5 years marriage with my husband. However, My husband just signed a new contract for his job. He will work in Sigapore in 2011 and 2012 and of course I'm gonna stay with him. Because of that, I hope I could get PR a bit earlier than our 5th anniversary, before we'r going to Sigapore.

Although we were not married in the first year (2005-2006) but we were parnters, and we got married soon in the coming year (2006). My question is, will I be regarded as a family member of EEA national from 2005 when I came to the UK? Is it worth to try to apply for the PR in 2010 (1 year before our 5-year anniversary)?

I'm looking forward to replies. Thanks a lot!

Janet Masters

[Plum70]

Dear everyone!

I found here is the most popular place to get information on immigration affairs. I just registered and am putting on my question now.

I met my Portuguese boyfriend (now is my husband) in Janpa in 2003. He's been living with his family in the UK since 10 years ago and he's got the PR of the UK now. Because he lives in the UK, I came to the UK for another degree in 2005 after I graduated in my home country. I stayed here based on a student visa and this visa is still valid now. My husband and I got married in 2006 but before that, we always lived together since the first day when I came to the UK in 2005 (which means we've lived together here for 1 year before we got married). In 2007, I got the Residence Card and it will expire in 2012.

I've get some advice from HO saying that I'll be entitled to apply for PR after 5 years marriage with my husband. However, My husband just signed a new contract for his job. He will work in Sigapore in 2011 and 2012 and of course I'm gonna stay with him. Because of that, I hope I could get PR a bit earlier than our 5th anniversary, before we'r going to Sigapore.

Although we were not married in the first year (2005-2006) but we were parnters, and we got married soon in the coming year (2006). My question is, will I be regarded as a family member of EEA national from 2005 when I came to the UK? Is it worth to try to apply for the PR in 2010 (1 year before our 5-year anniversary)?

I'm looking forward to replies. Thanks a lot!

Janet Masters

You will be eligible for PR 5 years from when you married your spouse and were residing in the UK. So for illustration purposes, if you both got married and were living in the UK from August 2006 (plus your spouse has been exercising treaty rights all the while) then you will only be eligible for PR by August 2011. No sooner i'm afraid. The Directive is clear on this.

May be someone else can chip in something more...