Immigrationboards.com

I would like to know if it is possible to apply for permanent residency card even if one's 5 years residence card hasn't expired but EEA spouse has attained permanent residence automatically(has lived in U.K for over 5 years). Thank you

If you have already made five years in the UK under Eu rules and as the partner of a qualified person then you can apply now; you don't need to wait for your current residence card to expire. You can't apply if you have not made five years (no matter how long your EU partner has been in the UK so I'm referring to you, the non-EU resident, rather than your EU national partner).

I agree.

A Residence Card only confirms a right you had / have as a family member of an EEA national exercising Treaty Rights.

Your start date for the count of 5 years residence would be when you became the family member ( of an EEA national exercising Treaty Rights) resident in the UK.

Usually that is either when you entered the UK to join your EEA national spouse - if already married.

OR

If you were not married or in a subsisting relationship before you joined up with your partner in the UK, it is the date when you got married that is the start date of the five years.

So, it does not matter what date the residence card was issued.

@ lucapooka........many thanks

See also http://eumovement.wordpress.com/2011/05 ... nce-begin/

to Directive/2004/38/EC
http://www.immigrationboards.com/viewto ... 094#531588

Look they got visa, but they not married for 5 year
*If you entered the host state on some other basis, and then became a DFM by marrying a EU citizen (or because your parent or grandparent married), then your residence clock begins the day of the marriage*

So actually I do not understand who is right here.

When you have lived here for a continuous period of 5 years with the EEA or Swiss national (who must have been in employment, self-employment, studying or self-sufficient in the UK throughout the 5 years), you can apply for confirmation of your right to permanent residence in the UK.

They do not say YOU HAVE BEEN MARRIED for a 5 years, so you have some chance, even you have not been married for 5 years.

Hope I am right and it will help you

Its depend on the situation...

If you have been married with EEA for 5 years in the UK (and EEA have been exercising treaty right for 5 years) then your clock period starts from the day of your marriage and the day of your EEA have started her treaty right.
If you married outside UK and then both immigrate to UK, and EEA started treaty right then the clock start from the day of your EEA have started treaty right....

if you have been married for 5 years and also living in UK for 5 years, but your EEA started extercise treaty right late then, non- EEA clock start from the period EEA have started treaty right.

When you have lived here for a continuous period of 5 years with the EEA or Swiss national (who must have been in employment, self-employment, studying or self-sufficient in the UK throughout the 5 years), you can apply for confirmation of your right to permanent residence in the UK.

They do not say YOU HAVE BEEN MARRIED for a 5 years, so you have some chance, even you have not been married for 5 years.

Hope I am right and it will help you

the main thing to remember is that according to Regulation 15, PR is attained after a person has lived in the UK for 5 continuous years in accordance with the Regulations (UKBA interpretation of the Directive).

Now, whether this is through being a spouse or anyth else you think you can prove, it's another question. But the wording is clear in my opinion. Residence in some other status prior to becoming a family member won't count (i.e. work visa, student visa, asylum cases etc.) as those won't have been in accordance with the Regs./EU law! So the time wouldn't count towards 5 years.

Lassal case proved the case for EEA nationals who resided before the 2004/38 Directive came into force (April 2006) but doesn't concern non-EEA nationals, otherwise you can imagine a non-EEA student having been on a student visa for 4 years, gets married and then can apply for PR in 1 year, that's not an option here.

natashik.uk wrote:When you have lived here for a continuous period of 5 years with the EEA or Swiss national (who must have been in employment, self-employment, studying or self-sufficient in the UK throughout the 5 years), you can apply for confirmation of your right to permanent residence in the UK.

They do not say YOU HAVE BEEN MARRIED for a 5 years, so you have some chance, even you have not been married for 5 years.

Hope I am right and it will help you