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I entered united kingdom as a family member of EEA National(NON-EU passport holder) in Jan 2006, end of march i was stamped with 5 years EEA family permit stamp into my NON-EU passport. I was working full time and I didnt claim any benefit. I completed my 5 years in Jan 2011. On 25th May I got my Portuguese ID card and on 20th June 2010 I got my portuguese passport. In march 2011 I applied for permanent residency sending my Portuguese passport and all my p60's, contracts etc etc. They didnt send me a residency card as they rang me and told me that we will process the application as EEA1 instead of EEA3 and i agreed to it. I was suprise to receive a call from a immigration officer he told me that as i didnt complete my 5 years on portuguese passport he cant sent the permanent residency card.

In simple words I have to completed 5 years on my portuguese passport to get my permanent residency. I asked him if i could send my non-eu passport and fill in EEA4 form will he stamp me with a permanent residency as he said no as i told him about myself and my fathers relationship. The EEA4 application form is asking for my sponsor (EEA nationals) excersing treaty rights which i couldnt be able to prove as im not talking to my father.

I am married to a NON-EU passport holder and we have a child who is 2+. We got married in Feb 2007. We are happily married as its a love
marriage and this is not for passport or for a stay in this country. Me and my husband are from same country. My parents were against us as my partner was poor so i left the house and we got married. My father threathed to kill my husband and we had to file a police complain against my father.

Is there any way I can get a permanent residency on completion of my 5 years on EEA family permit.
There is a long proceduce for my son to get a portuguese passport, as we have to register our marriage, change my passport as im married and than i have to register my son birth and than they will issue my son with a portuguese ID and passport. Is there any legal way i can get a british passport for my son.
Do i have to work full time to exercise treaty in uk or part time will do.
Recently we had to claim housing benefit as my partner is out of work will this affect me or my partners permanent residency at the completion of 5 years.

Thank you very much for spending your precious time to read this.

I am not sure if I understood the whole story. First you wrote you had a EEA husband and entered the UK as a EEA family member in 2006. Then you wrote you married a non-EEA citizen in Feb 2007? Is that correct?

The problem is that in order for the second marriage to occur you had to divorce your EEA husband first.

You had to get divorce somewhere between Jan 2006 and Feb 2007 (as I presume you did in order to marry a non-EEA). If so, you cannot count those 5 years of living in the UK towards Permanent Residency. You have to be either a EEA citizen or EEA family member in order to do that.

The EEA relationship obviously derives from the father.

86ti wrote:The EEA relationship obviously derives from the father.

Yes, got it. Thank you. Well, then it is... tricky since father does not want to cooperate.

Nimitta wrote:I am not sure if I understood the whole story. First you wrote you had a EEA husband and entered the UK as a EEA family member in 2006. Then you wrote you married a non-EEA citizen in Feb 2007? Is that correct?

The problem is that in order for the second marriage to occur you had to divorce your EEA husband first.

You had to get divorce somewhere between Jan 2006 and Feb 2007 (as I presume you did in order to marry a non-EEA). If so, you cannot count those 5 years of living in the UK towards Permanent Residency. You have to be either a EEA citizen or EEA family member in order to do that.

Hi
Thanks for the reply. The other guy is right. I dont want to beg in front of my father just cos of PR. I didnt enter as a spouse but as a child.
This is bit complicated for sure.