Permanent Residance Confusion

[gopifrancis]

Hi

I am new to this forum.Any help about my confusion to Permanent residance will be greatly appreciated.
I am married to french national since March 2007.I got my RC for 5 years in jan 2008 that means i will be eligible for PR in Jan 2013. After reading in this forum i have realised this is not the case.5 years count started from the date when my husband has started exercising treaty right. My husband has been in UK since 2000.First 6 years as a student(School College and University) then one year as an employee and for the last 4 years as a self sufficient person(With comprehensive health insurance).I have been working full time for the last 4 years to support my family.My husband started his job in july 2007 and we got our own place to live in august 2007 as before we were living with another family.So basically we got documents from august 2007 that we are living together.So my question is on which date i will be eligible for PR either July 2007 or August 2007.
Now second is about my husband PR.when i applied my RC my husband applied for registration certificate on EEA1 which was also granted along with my RC in Jan 2008. We have a daughter who born in dec 2007 we had some problem at that time to get her french passport,then one of my friend told us as my husband is in uk for more than 5 years we can apply for Britsh passport.We spoke to home office customer services and then we sent my husband school college and unversity latters confiming he studied in uk from 2000 to 2006 along with the proof of his nationalty.My dauhghter got british passort in the middle of 2008.Does this means my husband PR has already been recognized by home office in 2008 on the basis of his treaty right exercised as a student (2000 to 2006) and he does not need to apply for PR.If this the case which documents i need to send with my eea4 application as readings in this forum has suggested that when eea national has PR then non eea national who is applying for PR just need to provide evidence that eea national has not been out of uk for more than 2 years after PR. and which year will be considered for PR either 2006 when my husband finished his studies 0r 2008 when daughter got british passport.



Thanks for your patience for reading this and any input wil be much appreciated

Gopi

[Jambo]

Under EEA regulations, PR is obtained automatically after 5 years exercising treaty rights. The HO just confirms based on evidence presented that on the date of decision the EEA national holds PR.

When your husband applies, he can choose any 5 years he can provide evidence for. The PR would only confirm that in July 2012 (or whenever a decision is made) he has PR.

Having IPS accepted in the past that he has obtained PR is not enough for the European team in the HO unless he has a written statement confirming his status (which I guess he doesn't as IPS don't issue such document).

Did you get married in the UK? If not, when did you enter the UK as married? Your time should starts from that time and not when you started living together or applied for RC.

[gopifrancis]

Thanks Jambo for your quick reply

He does not have CSI(comprehensive insurance) to cover 2000-2006 student peroid.we sent his school college univerdity letters along with his eea passport to IPS for child passport in 2008.
we have treaty right evidence from july 2007 to date.july 2007 to july 2008 as a worker for this we have letter from employer confirming his employent peroid tax calculation letter from hmrc for 2007/08. we did not get p60/p45 from employer as these were being sent through the post and we never received them. on our repeated request employer issued a letter for confirmation.we have csi covering me and my husband but not the child from july 2008 to date. we married outside of uk in march 2007 and came in uk in 2007 but we have evidence that we are living together from aug 2007

[Jambo]

For the EEA national, the time PR was obtained normally has little effect on his life. If you have evidence from 2007 till date, just use that period. Would make the application simpler.