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In the latest application form, if I apply with section 4, does that mean I could apply after 3 years of marriage if my husband chooses to leave UK (stop exercising treaty rights) for a better job?

Edit*: I'm the non-EEA national, and already has resident card since Nov 2010. (married in Jun 2010)

https://www.gov.uk/government/uploads/s ... 9/eea4.pdf

In guidance notes:
3. When To Apply
You may apply at any time after residing here
for a continuous period of 5 years in accordance
with the EU laws relating to free movement
rights that were in force during the 5-year
period.

In section 4- Retained Right Of Residence In The UK
You must complete this section if you are applying for a permanent residence card because of
a divorce, or because your EEA national family member has died or left the UK. You must also
complete section 5, 6 or 7 (whichever is applicable) to show how your EEA family member was
exercising Treaty rights, and section 8 to detail any absences from the UK.

4.4 Have you been married for at least 3 years and lived in
the UK for at least one of the three years? (YES)

it's not latest. it's same application since 2006

Section 4 is for NON EEA national If he/she retained right of residence under EEA law ( 3 years marriage )

You can only apply Retained right of residence after 3 years. And the application you send is EEA2 not EEA4

You can only send EEA4 five years after marriage in the UK ( if married here ) or 5 years after you entered in the UK as an EEA family member

askmeplz82 wrote:it's not latest. it's same application since 2006

Section 4 is for NON EEA national If he/she retained right of residence under EEA law ( 3 years marriage )

You can only apply Retained right of residence after 3 years. And the application you send is EEA2 not EEA4

You can only send EEA4 five years after marriage in the UK ( if married here ) or 5 years after you entered in the UK as an EEA family member

Thanks for the response. I'm the non-EEA national, and already have residence card (eea2) since Nov 2010. (married in Jun 2010)

Section 4 is for cases of divorce or death of the EEA national. If the EEA national just leaves the UK (permanently ), you lose your right to live in the UK.