Immigrationboards.com

Hi
I am living in UK since May 2005 (6+years) with Student visa.
My wife is EU citizen. we got Married in June 2010.
I have got FMRS visa till september 2011.

Now That I have already stayed in Uk for more than 5 years, is it considered that i am eligible to apply for EEA4. Or do I still have to Apply for EEA2.

Dont know whether is it relevant, but my wife does not have a Residence card yet. Will apply, once my one gets sorted.

Please help. Would appreciate your help.
Thanks in advance.

No.

Your student status doesn't count 5 year residency. Your residency clock start form the day of your marriage with EEA national. You are eligible to apply for PR in June 2015 depend on the applicable law at that time.

If you have not been a (extended) family member of an EEA national for 5 years, then use EEA2.

Now That I have already stayed in Uk for more than 5 years, is it considered that i am eligible to apply for EEA4. Or do I still have to Apply for EEA2.

As an EEA family member, you dont need to to obtain EEA2 confirming your right of residence in the UK.

However, you may be inconvenienced if you do not obtain this confirmation, as:

â– you may have difficulty proving that you are lawfully resident in the UK;
â– if you leave the UK, you will usually need to obtain an EEA family permit before returning here, in order to guarantee readmission as the family member of a qualified EEA national; and
â– you may find it difficult to obtain or change employment

Thank you All very much for your help.