Does FP count towards 5 years stay to get PR

[alx_benjamin]

Hi,

I am from Ukraine and I married my EU wife 5 years ago. We live as a married couple in the UK for 5 years now. During this time she also became British national and is now holding dual nationality.

After I got married I received my first family permit (FP) and had to reapply for a new one.

I needed my passport for work related travel and because of this I couldn't send it to the home office for Residence Card.

In total I had 4 FPs and after that I received my Residence card. I've just noticed that there is a break of 2 days between my last FPs. It was due to the embassy preparing my FP and thus delaying it. When I was abroad applying for FP my wife and newly born baby were in the UK exercising EU rights.

I have 2 questions:

1) Will my FP count towards 5 years qualification time to apply for Permanent Residence or ILR?
2) Will this 2 day break between my last FPs hinder me from applying for PR and I will have to start counting 5 years again?

Really appreciate.

Alex

[fysicus]

For PR you need five years residence in accordance with the EEA Immigration regulations. The most important criterion is that your wife was exercising treaty rights as an EU national during those five years. You should also not have been out of the UK for more than six months in any given year.

There is no requirement for you to hold a Family Permit or a Residence Card, although these are of course handy to prove your status to others (e.g. employers). So you do not have to worry about this gap of two days; it is totally irrelevant.