EEA PERMANENT RESIDENCE

[gefy4gefy]

Hi All
I am non eea family member, came in from Spain in 2010 with my eea spouse with family permit. I applied for a Residence card in April 2010,my application was refuse the reason they gave was that no evidence my wife was exercising treaty right. Although then my wife was self employed. Went to seek advise from a solicitor who told me to wait until I file in my wife first self assessment before I can re apply, April 2011 file in the first self assessment .I made a fresh application after my wife paid all the necessary tax and national insurance contribution, October 2011 residence card granted till 2016,my question is when do I start calculating my wife five years to enable me make application for PR as we have currently file in tax for the fifth year do I wait till 2016 or I should calculate from April 2010 when we move to u k as we have been married since 2006,Secound question we are currently going through divorce proceeding, degree absolute expected shortly should I apply for retain right of residence or apply for PR straight always.