Immigrationboards.com

Dear all,
Am married to EEA member in augest 2011and got my stamp on November 2011 'since that time we both working full time and we have all the evidence .
I have few questions :
1 -when we I should apply for ILR ? 5 years after the marriage date or 5years after the stamp date .?
My EEA partner thinking to go go to his country in 2015 during the sumer to look after his mother he is planing to stay in his country 2month and then come back to leave with me 2month and then back again to his country 2month and then come again to UK 2minth ....so from Summer 2015 (1 year before I apply for the ILR ) he will will stop working in UK and go and back every tow month to UK .. In this case what going to happen with my ILR ???

I really need advice ... If he stop working as employee ..shal he righter as self employed in this case ?
Can any one please advice me what shall we do ?

The correct term under EEA route is PR (Permanent Residence) and not ILR.

The time under EEA regulations starts when you become a family member = wedding day, not when your RC was issued.

By summer next year, would your partner have been working for 5 years?
If yes, he would obtain PR automatically and not working will have no affect on his or your status. Also absences will not cause a problem.
If no, then your partner can exercise treaty rights as self sufficient based on your income. Both of you will need private health insurance for that period. Absences up to 6 months a year (in total) will not cause an issue.

Thank you for your replied
Yes by Summer next year my partner we'll be working in UK for 5years but please note that my partner got his blue card in the same day I got the stamp (on 11/2011)
Any advice

Well I assume he only got the card then because he only applied when you applied as he didn't have a need for it. As I said, the dates on the cards are irrelevant. If he completes 5 years of continuous work (and if a A8 national applied for WRS in time), then he will obtain PR automatically after the 5 years and will not require to exercise treaty rights to maintain his status. He could apply for PR Confirmation using form EEA3 if he wish.

Thank you very very much for your help , I really appreciate that .one last question if he apply for PR next year in 2015, that mean he already settled in UK can I apply for PR after he get his PR(I mean I don't need to wait for 2016 )

Thank you again sir for your time ,
Regards

By the way he is polish so i don't know how that will effect the A8 national if applied with WRS on the time ?

Him getting PR won't shorten the time for you. It still would be 5 years. But the application would be simpler as you will only need to provide his PR card instead of all the evidence.

If he was employed, he had to register under WRS. If he didn't register, his 5 years would only start in May 2011 when the the scheme was abolished.

Ok, I understand it's very clear now .
Thank you very much indeed ,appreciated