Immigrationboards.com

My immigration history:

Sept 2005 to Jan 2009 - student visa.
Started living with EU partner in Dec 2008.
Post-study work visa Jan 2009-Jan 2011.
Work permit Jan-Aug 2011.
Residence Card as durable partner of an EU national (> 2 years living together) issued Aug 2011 for 5 years.
EU partner obtained PR Feb 2013.
Married EU partner Aug 2014.

My question is: does 5 year residence clock for PR start when we started living together or when RC was issued? I always thought the latter, but advice on http://www.gov.uk site suggests otherwise:

"Eligibility
You’re eligible if both:
- you’ve lived with your European Economic Area (EEA) family member in the UK for a continuous 5 year period
- your EEA family member has been a ‘qualified person’ throughout the 5 years or has a permanent right of residence"
(from https://www.gov.uk/apply-for-a-uk-resid ... dence-card)

Both of the above points are true now (I have lived with my EEA family member since Dec 2008 and my EEA family member has PR already).

So can I apply NOW for PR? Or do I have to wait another year, when it will be 5 years since my RC was issued?

In response to my own question - there seems to be a contradiction between the EU directive and the UK rules on this point.

DIRECTIVE 2004/38/EC Article 16 says:
"1. Union citizens who have resided legally for a continuous period of five years in the host Member State shall have the right of permanent residence there. This right shall not be subject to the conditions provided for in Chapter III.
2. Paragraph 1 shall apply also to family members who are not nationals of a Member State and have legally resided with the Union citizen in the host Member State for a continuous period of five years."

The Immigration (European Economic Area) (Amendment) Regulations 2015 say:
"Permanent right of residence
15. (1) The following persons shall acquire the right to reside in the United Kingdom permanently—
(a)an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years;
(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"

So the answer to my original question seems to turn on:
(a) whether I need to have been living with my EEA family member "in accordance with [the UK Immigration (EEA) Regulations" for 5 years. EU Directive doesn't have this bit - just that I have to have been living with the EU national for 5 years (nothing about what rules I have to have been in accordance with at the time - just that it has to have been legal - which in my case, it was - but under UK Immigraton rules i.e., post-study work and work permit)
and if yes, then (b) whether the 2.5 years of cohabitation prior to the issue of the RC was in fact 'in accordance with the UK EEA Regulations' or not.

Anyone's advice would be much appreciated.

p.s., the reason for the haste is that we would like to get a mortgage and this is probably more difficult with under 1 year of validity on my RC. I could of course apply for another 5 year RC, but would prefer to apply for PR straight away if possible - fewer applications, cheaper, less time without my passport!

In your case the earliest you can get PR is from when you were granted RC as a durable partner.

If you were married before you got your RC it'd have been from the date of your marriage.

That is if your marriage is withing the EU member state, but if it is outside EU then your family member status start from when RC issued am afraid .