EEA Family Member, wanting to do PR

[mikeyq6]

I am an Australian citizen, who has been in the UK for 10 years. The first 5 years was on a work Visa through my employer, and then the next 5 years as an EEA Family member through my Italian partner.

In 2013, I was transferred for work to the USA for 10 months, but then returned to the UK.

The EEA(PR) requirements are that I have resided for 5 continuous years in the UK, which strictly speaking I have, if you count from the time when I first arrived in 2007, however I am concerned that only the years as the partner of an EU citizen would count. Does anybody have any advice? Should I go ahead with the application?

[MrSlyFox]

It's resided for five years under the EEA Rules the time spent in the UK prior doesn't count.
For the EEA route (i.e. PR) only time spent as a family member of a qualified EEA National will count. I.e. the date you became a direct family member or if you are an unmarried partner then when you got your EEA Residence card/EEA Family permit (You count as extended family).

Your work isn't important only your EEA Family members. You can spend a maximum of six months per year outside the UK without breaking your residency or a One off gap of twelve months for an important reason i.e. pregnancy, training, etc. I believe being posted overseas is counted under this. But otherwise, your PR clock would restart because you broke your continuous residency and you would need five more years to gain PR.

The regulations: http://www.legislation.gov.uk/uksi/2016 ... 052_en.pdf


Here is the direct family member of an EEA National Guidance: https://www.gov.uk/government/uploads/s ... als-v4.pdf

Extended Family of an EEA National Guidance: https://www.gov.uk/government/uploads/s ... als_v3.pdf

[mikeyq6]

That answers a lot of questions. Thanks for you help