With the information you mention I can point out this from the European Casework instructions:
Eligibility for permanent residence
The following are eligible under Regulation 15 of the Immigration (EEA) Regulations
2006:
• EEA nationals who have resided in the UK (in accordance with the
Regulations) for a continuous period of 5 years;
• Non-EEA national family members who have resided in the UK (in
accordance with the Regulations) for a continuous period of 5 years;
So you need to have been in the
UK for 5 years to apply for PR as
guerro said.
If your partner was/is claiming Benefits
EEA nationals who are residing in the UK should generally be able to support themselves
without help from public funds. EEA nationals who are exercising Treaty rights in the UK as
workers, self employed persons or work seekers are able to claim public funds without their right
of residence being affected.
If you divorce then....
Retention of a right of residence following divorce or annulment of
marriage / dissolution of civil partnership
Regulation 10 (5) of the 2006 Regulations makes provision for the following:
If the marriage or civil partnership has lasted for at least three years immediately before
the initiation of proceedings for divorce, annulment or dissolution, and the parties to the
marriage or civil partnership had resided in the United Kingdom for at least one year
during the duration of the marriage or civil partnership, then the third country national
retains a right of residence if:
(a) they are pursuing activity which would make them a worker or a self-employed
person if they were an EEA national;
(b) they are a self-sufficient person – including a retired person;
(c) they are the family member of a person in the United Kingdom who is either a
worker, self-employed, or is a self-sufficient person.
If the non-EEA national is a student then they will not qualify, unless they are a student
with sufficient resources to be self-sufficient.
Do have a look at
vinny's link for its application.
This IMHO, Good luck.
