Need help with permanent residence please

[CarlosM]

I am very confused about EEA permanent residence, I have two different versions and I need to know what to do, I spoke to an immigration solicitor and also phoned the UKBA on 03001232253 and was given two different versions.

I come from Portugal and I have been in England since end of 2007, during this time I have been working in various jobs including casual work through various agencies. But things were difficult in the beginning so there were also periods when I was unemployed and collecting JSA and Housing allowance. I have been at my current job 2 and an half years, during the time I have been in England I collected JSA and Housing allowance for approximately 26 months, all the different periods put together, the other time I was working or looking for work.

The solicitor told me that this should make no difference because even being a jobseeker and collecting unemployment benefits is exercising treaty rights but the UKBA says that it is exercising treaty rights only as far as applying for a Resident Card but not for applying for Permanent Residence. According to the solicitor I can apply now for permanent residence but according to the Home Office I will have to wait. What can I do?

Is the Resident card for 5 Years? Is Permanent residence indefinite, same as ILR?


Thanks for your help