Non EU married to EU. How many years resident before PR?

[olive1111]

Hello all,
I have an enquiry. I am a NON EU national who came to the UK to research an MBA dissertation while a student in France in February 2003. I stayed here for a few months and met my EU husband during that time. Apart from a few trips back to France we have been together ever since June 2003. He lives and works here.

We got married in June 2004 and I obtained an EEA permit in August 2004 valid till 2009. I held various valid UK tourist visas from 2003 till I got the EEA permit.

My question is; when would I have fulfilled the requirement for 5 years residency in the UK to receive PR? Will it be from when I arrived in 2003, when we got married in June 2004 or in August 2009 when EEA permit expires?

Also my husband has just obtained British citizenship this year. Will that help me get British citizenship quicker? For instance, can I apply immediately as spouse of a british citizen here for more than 3 years?

Thanks a lot for your kind attention and responses.

[John]

Quite a few questions there, but thankfully you have posted lots of facts and dates.

Your marriage was prior to the new EU regulations that came into force on 30.04.06. Accordingly I think you did not automatically switch to the EU path on your marriage, but instead when you got your Residence Card a couple of months later. By the way, I do not think you have an EEA Family Permit. Those are issued abroad, and only of 6-months duration.

So I think you get PR status automatically on the 5th anniversary of the start of your Residence Card in August 2004 ... sometime in August 2009. Yes you can apply on form EEA4, but the permit issued will merely be confirmatory of the rights granted automatically on the 5th anniversary.

Your husband now British. Fine. That means that as soon as you have got your PR status you are eligible to apply for Naturalisation, assuming that you have passed the Life in the UK Citizenship test. (And also assuming no change of legislation in the meantime.)

[olive1111]

Hi John,

Thanks a lot for your prompt response to my questions.

I must say I am disappointed I cannot apply now my husband is British under (I understand 3 years residency). Is not not possible to switch? And will time prior to obtaining family permit while on tourist visa not count towards residency obligations?

I am just concerned about the constant changing or rules.

Thanks and sorry if these are silly arguments:)

[John]

Well it is possible to switch, but you really would not want to! That is, you can switch to a 2-year spouse visa under UK legislation, and near the end of that 2-year period you can apply for ILR. Wait a minute ... that ILR would be granted later than you will get PR status staying on the EEA/EU path.

Not only that, you would be facing at least £1145 of applications fees if you do switch to the UK immigration path. So stay where you are, on the EEA/EU apth.