EEA Family Member which date

[ThaSaint1]

Hello I am about to apply for permanent residency as a family member of EEA but I would like to know whether my five years count from when I got married to my EEA wife in UK ( ON 23/05/2012***)at that time I had overstayed* my 6months visit visa.However,My residence card was issued on 5/4/2013( almost a year after I got married). I would like to know whether the 5yrs legal right of stay starts from when I got married to my EEA wife(but still on expired visa) or it starts from when I was issued with my residence card?

[CR001]

Date of marriage if you have been in the UK since then and your spouse has been exercising treaty rights for the full 5 years as a qualified person.

[ThaSaint1]

I need someone to send me an answer please, i married 5 years ago but I got my residence card 4years ago,at the time I married to my EEA/EU citizen, my previous visa(visit visa)had ran out already.Does my 5yrs right of permanent residence start from date of marriage or from 4years ago when I was issued with my 5yrs residence card?

[CR001]

Topics merged.

Your question has already been answered in your previous post, why did you feel the need to start a new topic with the same question?

[ThaSaint1]

Sorry CROO1 ,I wasn't sure that's why I posted it again, people keep telling me that my 5yrs starts from when I was issued with residence card because when I(non EEA national) got married in UK 5yrs ago with my EEA/EU national(who we have three children together now)I was on overstayed visa hence the 5yrs doesn't count from the date of marriage so I have to wait till 28days before the end of my 5yrs residence card next year may,2018.Very confused so I would appreciate response or some legal reason why I can apply for the PR now please.i am a trainee nurse in university and she is a staff nurse and has PR already and still working.

[secret.simon]

EU law is different from UK law. You would acquire PR automatically on the fifth anniversary of your marriage. There is no 28 day before concession under EU law. So, apply for the PR card on the fifth anniversary of your marriage.

Because you overstayed earlier, you will not be eligible to apply for British citizenship till the tenth anniversary of your marriage, as that is the day that your stay in the UK was legalised. Naturalisation is purely under UK law and is not affected by EU law.