permanent residence card (EU)

[Terra]

I have been living in the UK since 2012 (on a temporary UK visa then on residence permits as a non-EU national). In 2016 I got a residence card of a family member of a Union Citizen valid for 5 years until 2021. My wife is an EU national living with me here in the UK. According to the rule (https://www.gov.uk/apply-for-a-uk-resid ... dence-card) "You can apply for a permanent residence card after you’ve lived in the UK for 5 years."

Question: can I apply for the permanent residence card after I lived in the UK for 5 years (i.e. in 2017) or should I wait until 2021 (i.e. 5 years after I got my residence card)? I think the rule should be interpreted in favour of the former. Many thanks.

[MrSlyFox]

It's five years since you've been living in the UK with your EEA National Family member. The date you became their family or date they arrived in UK, if you were already family. A Non-EEA Residence card is based on their residence rather than yours.

Right of permanent residence

15.—(1) The following persons acquire the right to reside in the United Kingdom permanently—

(a)an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years;

(b)a family member of an EEA national who is not an EEA national but who has resided in the United Kingdom with the EEA national in accordance with these Regulations for a continuous period of five years;

European Economic Area Regulations 2016:
http://www.legislation.gov.uk/uksi/2016 ... on/15/made

[secret.simon]

wait until 2021 (i.e. 5 years after I got my residence card)?

5 years from date of marriage to the EEA citizen (if s/he was already living in the UK) or from date of arrival in the UK under the EEA Regulations (if married abroad and arrived in the UP as a married couple).

[noajthan]

What has Union citizen sponsor been doing in UK since 2012?

[Terra]

Many thanks for the above responses. Some more info on my case: My wife and I arrived to the UK as a married family, as non-EU nationals. We have been living in the UK all the time sine 2012. My wife got an EU citizenship in 2013. I got my RC in 2016 for 5 years. So, when should I start calculating a 5 year term: (1) from 2012 (when we both entered the UK as non-EU national on UK visas), (2) from 2013 (when my wife got an EU passport) or (3) from the date when I got my RC (2016). I hope it is (1) or (2).

[noajthan]

2013 if sponsor was a qp from that time (and both parties in UK).