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Dear
i just wants to ask you guys , I'm married with EEA family from 2009 until 2015 and we still married , well my partner went to jail but before go to jail well my partner was working for so many years paying tax like me , , so i have residence card of a family member of an EEA national and will be expire next year in July 2016 , I'm working two jobs and im paying tax since 5 years ago until now so What to do after EEA family permit is about to expire? so i can i apply for indefinite leave to remain even if my partner in the jail , or what i can do


kindest Regards


A

angel_worlds28 wrote:Dear
i just wants to ask you guys , I'm married with EEA family from 2009 until 2015 and we still married , well my partner went to jail but before go to jail well my partner was working for so many years paying tax like me , , so i have residence card of a family member of an EEA national and will be expire next year in July 2016 , I'm working two jobs and im paying tax since 5 years ago until now so What to do after EEA family permit is about to expire? so i can i apply for indefinite leave to remain even if my partner in the jail , or what i can do

kindest Regards

A

An EEA national who is in prison is not exercising treaty rights as a qualified person.
So unfortunately your PR clock will have stopped from time of partner's entry into prison.

IDIs Ch 7 Sec 3 EEA Nationals & Family

4.5.2. EEA nationals in prison
An EEA national in prison is not a qualified person on the grounds that s/he cannot exercise a
Treaty right.

Ref: https://www.gov.uk/government/uploads/s ... ction3.pdf

When did spouse enter prison system?
Did spouse exercise treaty rights for 5 years (in UK) before entering prison?
And were you married & in UK during all of the same period? (no prolonged absences from UK?)
If so, you may have acquired PR already.

If not then it appears that, unfortunately, your PR clock is currently stopped.
It appears you will not be able to apply (successfully) for another RC until partner is exercising treaty rights again.
You will need 5 years of partner exercising treaty rights continuously before you will acquire PR.