EEA PR as a non EAA family member? What if RC expires?

Hi Guys,

I’m looking for advice regarding my wife’s EEA PR as a non EAA family member.

I am a EEA citizen living in the UK for more than 5 years. My wife, a non EAA, got a Resident Cards which expires in September 2017 after 5 years.

We would like to apply for EAA PR, however we can only proof her exercising her treaty rights from October 2012. Before that, she was already living in the UK for 6 months but had not being working (as she needed to wait to get her resident card) and also did not have a bank account. Therefore, we can’t really produce evidence of her living in the UK before October 2012.

Immigration Service told us we have to wait to apply for EEA PR till October 2017, as from this point my wife had a job and bank account for proof. However, as it takes up to 6 months for the application to be successful and as my wife’s resident cards will expire in September, she would be stuck in the UK for almost 7 months.

My question:

1. Is there a better way than wait till October? Would it maybe better for her just to apply for another resident card? Would it be faster? But if so, could we still apply for EEA PR like next year?
2. Can my wife in the 7 months of waiting period for EEA PR application somehow still work? Even though her resident card expires in September 2017?
3. Is there a way the Home Office would accept proof of her living here since July 2012 without Bank account nor Payslips/P60?

Thank you for any help!!!

Your wife cannot exercise treaty rights while you are her husband and she is not an EEA citizen.

You can apply together for PR as soon as it is five years since she started living in the UK as the wife of a 'qualified person', namely you. If your wife did not apply until her residence card expired, she would be likely to be suspended from work until she received the Certificate of Application.