I am confused with some of the statements at webpage of UK Border and I hope someone can help me.
I am a non-EEA spouse (wife) of an EEA nation (French).
We got married on 8th March 2006. Hubby has been employed since 2004 until present, and there is not a single day that he is not employed even when he changed of job i.e. new job started right after the previous employment contract ended.
The dates below will prbably give a better picture
28th March 2005 - I held a holidaymaker visa and started full time job
8th March 2006 - Got married with French husband, both HUSBAND and WIFE in full time employment
6th April 2006 - Wife's EEA2 granted, hubby obtained indefinite leave to remain (in form of a residence card)
Jan 2008 - Wife stopped working and became a postgrad research student - had been granted EPSRC scholarship for a doctorate degree (ending June 2012)
6th April 2011 - Wife's EEA2 stamp expires
I understand that the normal route would be for me(WIFE) to apply for EEA4 (10 years permanent residence). But my hubby says I should try to go for BC
But I have also read on the AN guide that family member of EEA nation will obtain permanent residence automatically after exercising their treaty rights in UK for a continuous period of 5 years -> does this mean that I have the option not need to apply for EEA4?
This is rather confusing.
Naturalisation:
Let's say I wanted to apply for BC and had to wait a year before applying. If I were eligible for a year of permanent residence as stated in AN guide:
1. Am I allowed to travel freely in and out of UK within this 1-year of automatic permanent residence without a proper stamp/sticker in my passport?
2. Does my working period before we got married count towards the 6 years residency in UK?
EEA4:
1. It says that my application should be made during any lawful stay in UK. Is 30 days before EEA2 expiry date too late?
2. My husband is in full time employed and of course he has been paying his NI (I was paying mine when I was working too.). His company has provided him an insurance although I am not included. But seeing that I am now a mature student, will I require comprehensive insurance scheme to support my EEA4 application?
If all fails....
Our son was born in July 2009, can I apply a visa given that my son is depedent on me, from the UK? (PS: Son has British passport)
Thank you very much!
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