PR Application sponsor not exercising treaty rights

[iga]

Hi All,
I would like to ask your advice with some queries.

I came to London in 2008 with my husband as a non-eu spouse with visa EEA FP.
I got my first RC from 2008 - 2013 and then I renewed it from 2013 - 2018. In 2013 I got my Italian citizenship and in 2014 the Italian passport. In 2015 it was the first time I travelled and re-entered to UK as Italian.

My questions for applying to a PR are:

1. From when they will start counting the years: 2014 (when I got the Italian citizenship) or 2015 (when I re-entered to UK as Italian)?
2. Is there any chance they will consider my residence in the UK from 2008 when I came to London?
3. Should I inform to the Home Office I have the Italian citizenship before I start my PR application?

In addition, I have updated my details in 2014 in my current job with the Italian passport.

Hope you can help me.

Kind regards,

Iga

[noajthan]

...

My questions for applying to a PR are:

1. From when they will start counting the years: 2014 (when I got the Italian citizenship) or 2015 (when I re-entered to UK as Italian)?
2. Is there any chance they will consider my residence in the UK from 2008 when I came to London?
3. Should I inform to the Home Office I have the Italian citizenship before I start my PR application?

In addition, I have updated my details in 2014 in my current job with the Italian passport.

Hope you can help me.

Kind regards,

Iga

1) See 2

2) Maybe.
Was husband (sponsor) exercising treaty rights, continuously, in UK as a qualified person from 2008+?
How about absences from UK since 2008 - if any, how long were they for?

3) No need.

[iga]

Hi Noahthn,

Thank you for your reply.

My husband (sponsor) doesn't exercise treaty rights currently. He was working when I applyed for the RC in 2008 and later in 2013. He has not been exercising treaty rights continuously from 2008+.

About my absences from 2008, I have traveled 3 weeks in 2010, 3 weeks in 2012, 1 week in 2013 and 5 weeks in 2015 ( 3 traveles: 1 week, 1 week and the last one 3 weeks)

Please let me know if you need any other details to help me with my questions.

Thanks

Iga

[noajthan]

Unless your sponsor acquired PR at some time he needs to have been exercising treaty rights on both his and your behalf.

Has sponsor got PR?
When was it acquired?

If he has not got PR and was not exercising treaty rights you did not have a basis to remain in UK.
(The RC you have only shows your status on the day it was issued).

After you became Italian you have the option to remain as a dependent relying on your sponsor to exercise treaty rights on your behalf.
Or to exercise treaty rights in your own right.

Just being in UK with a sponsor who is not exercising treaty rights is not enough for you to have acquired PR.