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Hi, I m a non eea national married to an eea national looking to apply for eea 4 (PR) and need help before applying here is my situation.

Came to uk on student Visa in Feb 2007 vailt till April 2010.
Got married to an EEA Natioal in Oct 2007.
applied for EEA 2 RC in April 2010.
Got EEA 2 RC in April 2011 valid till april 2016.

Q1. Now my question is can i apply for an EEA 4 PR now as have been married for more than 6 years or do i have to wait till, april 2016 when my RC Expires?

If from date of marriage (Oct 2007) you were both living in the Uk + your EEA partner has been exercising treaty right for 5 consecutives years + EEA has not been absent from the uk for more than 6months in a year, then you are not only due for PR an you may also be due for citizenship (Gurus please confirm).

Thanks for your help. yes we both have been living in the uk since we got married and my wife has been working for same employer since she arrived in uk which is almost 7 years contineouse employment.

As fatimahh said, i personally think you might be well eligible for BC.
Gurus can confirm?
I think you made a big mistake in not switching your immigration status from student to EU family member back in 2007 when you got married!
did your wife applied for EEA3?

she has eea2 and we are thinking of joint application for eea3 and eea4 together.

One more Question, we are going to have a baby soon so she might resign from her work, and what if she leaves her work and i look after my family will that affect our application for eea3 and eea4?

meer007 wrote:she has eea2 and we are thinking of joint application for eea3 and eea4 together.

One more Question, we are going to have a baby soon so she might resign from her work, and what if she leaves her work and i look after my family will that affect our application for eea3 and eea4?

You mean EEA1? EEA2 is for non EU.

your wife should not resign from her work as she is entitled to a maternity leave ( you dont want to lose on the money, do you ?).
Once you submit your forms, her maternity leave won't make any difference.
Just make sure to add a cover letter explaining your situation as caseworker will probably think you are well applied before your time for EEA4. the easier you make your application, the quicker he / she can make a decision on it.

Just make sure to get all documents right , full and in order to avoid any misfortune.
Good luck

Thank you for your help every one.