Immigrationboards.com

Hi all,
I am in the process of applying for ilr and as a precaution, decided to get all my documents checked and certified using the checking service at Manchester register office. However, upon arrival, the checking officer looked at my visa
(I have a residence card of a family member of an eea national) and said they couldn't offer the service as they only deal with spousal visas. My wife, who was present at the meeting, is a British citizen by birth, however, we were both living and working in Spain when I initially applied for and was granted uk clearance, but as my British wife was working in Spain, under the surinder Singh ruling, she automatically become a European citizen. We've lived together in the uk since 2009 we both have good jobs, a mortgage and savings. We were advised by the Manchester office to simply apply directly to the home office and present our documents at Liverpool, however, I'm hesitant to do this now as I don't want to waste £1400 if they don't recognise my visa! Could anyone please advise? Thanks

Settlement Checking Service is only available for SET(M) ILR applications which is for spouse of British Citizen under the UK Immigration rules. They were correct in not being able to assist you as you are applying as an EEA spouse, you have to apply for PR, not ILR although they are similar.

http://www.ukba.homeoffice.gov.uk/visas ... et(m)/scs/

You need 5 years residence in the UK under EU rules before you qualify for PR.

Thanks for both your help and for clearing this confusing up! Guess I'll have to wait a couple more years. Does the 5 year count from when I entered the country? Thanks once again