Permanent after 5 years of marriage

[Martin2421]

Hi all,
I am on EEA family permit at the moment, cake to UK in 2010 as a student then stayed on PSW till 2014 sep and got married in August 2014, got EEA family permit in July 2015. Would I be able to apply permanent residence in August 2015 as I will complete 5 years of married life and been in UK for more than 5 years or my days will be counted from the date I got my family permit ?

Thanks in advance
Martin

[vinny]

Probably counted from the day you entered the UK on your EEA Family Permit.

[Martin2421]

Thanks Vinny
Actually meant to write I will complete my 5 years nex year in August 2019.So the years I have lived before in Uk before I got my permit will not be counted ?

Thanks
Martin

[Martin2421]

Hi all,
I am on EEA family permit at the moment, came to UK in 2010 as a student then stayed on PSW till 2014 sep and got married in August 2014, got EEA family permit in July 2015. Would I be able to apply permanent residence in August 2019 as I will complete 5 years of married life and been in UK for more than 5 years or my days will be counted from the date I got my family permit ?

Thanks in advance
Martin
[/quote]

[CR001]

Where did you get married, in the UK or abroad?f

Your time in the UK under the UK Immigration visa rules does not count or cannot be combined for PR under the EEA rules unfortunately.

[Martin2421]

Got married in Uk..

[CR001]

Your 5 years starts counting from date of marriage then.

[Martin2421]

Thanks Cr,

It means hopefully I can apply for permanent residence next year August 2019 as I will be completing 5 years then ?

Thanks
Martin

[CR001]

Thanks Cr,

It means hopefully I can apply for permanent residence next year August 2019 as I will be completing 5 years then ?

Thanks
Martin

Correct providing you/spouse meet the requirements.

[Martin2421]

Thanks Cr,
Which category would it be as a few people say it’s counted from the day you have received your permit. Quite confusing it is!

Regards
Martin

[Richard W]

Which category would it be as a few people say it’s counted from the day you have received your permit. Quite confusing it is!

Permanent residence would be on the basis of 5 years residence as the spouse of an EU national who was a qualified person. (Please advise if your spouse is an EEA national, but not an EU national.) This might not be available by the time you qualify.

Alternatively, and more simply, you could apply for ILR on the basis of 5 years residence as the spouse of an EU national. This is expected to be available even if there is no exit agreement ('hard Brexit').

[Martin2421]

Thanks for your reply Richard,

My spouse is from Slovakia and also holds permanent residence in Uk but not the passport.So I am interpreting that I will be qualified to apply for permanent next year as I will complete my 5 years since I got married?

Thanks
Martin

[Richard W]

So I am interpreting that I will be qualified to apply for permanent next year as I will complete my 5 years since I got married?

That is the correct interpretation.

[Martin2421]

Thanks Richard!