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EEA family permit and new 5 year rule

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lawe
Newly Registered
Posts: 3
Joined: Tue Jan 16, 2007 11:14 am
Location: London

EEA family permit and new 5 year rule

Post by lawe » Tue Jan 16, 2007 11:41 am

Hello everybody,

I would be grateful if you could give me some advice around permanent residency (following EEA family permit)

First the stats:

Myself: German Citizen
More than 5 years full employment history in the UK
Applied for residence permit in 2004 (Valid from Feb 04 to Jan 09)

Spouse: Non-EEA national (South African)
Entered UK on Working Holiday Visa in Aug 01
EEA family visa issued Feb 03 (valid for 1 yr) - following wedding in South Africa
Full time employment since Mar 03 (before that self-employed)
Right of residency issued in Feb 04 (valid until Jan 09)

My question:
Based on which entry dates can my wife apply for permanent residency?
Reading the EEA4 form it appears that for the right to reside permanently in the UK, my wife needs to have resided with me for a continuous period of 5 years.
Well, my wife has resided more than 5 years with me, but the first year was on a working holiday visa (see above). Which rule applies?

In addition, I have read on a different post that I have already received PR as I lived in the UK for more than 5 years and that for me it would be entirely voluntary to complete EEA3. And that I could apply for naturalisation in a years time (5+1).
Would that speed up things if I would apply for a British Passport in a years time (i.e. getting PR for my wife?)?

Thank you so much for you responses! :D

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