I believe a more appropriate, less difficult and slightly cheaper alternative, would be for him to apply for leave to remain using form FLR(M) once you were certain you had achieved permanent residence - but try to check whether the DCPR is required to prove that you are settled. The advantage would be that he would not have to leave to the UK, and the income from his employment would count towards the financial requirement.TheFourSeasons wrote:2. Would he need to apply from outside the UK for the so called UK Spouse Visa and how long would it take? If he switches to a UK spouse visa, would the 3 years he already spent in the UK under EEA rules count towards his permanent residence application later on? (i.e. can we combine time spent under EEA rules + time under UK spouse visa)
In terms of immigration status, he would be qualified to apply for FLR(M) because he would be lawfully resident and not have leave to remain under a visa valid for 6 months or less (satisfying Rules E-LTRP2.1 and E-LTR2.2, which rule out visitors and overstayers).
In both cases, it takes 60 months on the route to obtain ILR.
It may be argued that I am wrong because someone with an enforceable EU right to enter the UK cannot demand leave to enter or remain:
That would have the interesting consequence that the minor EEA child of British parents could only settle in the UK by being 'self-sufficient' and having CSI.Immigration Rule 5 wrote:5.Save where expressly indicated, these Rules do not apply to those persons who are entitled to enter or remain in the United Kingdom by virtue of the provisions of the 2006 EEA Regulations. But any person who is not entitled to rely on the provisions of those Regulations is covered by these Rules.