Uncertainty about due time to applying for ILR as an EEA spouse

[harmonyflows]

Hi all,

I came to the UK on December 2012 on an EEA spouse family permit and applied for my five years residence permit in February 2013 which was refused on September that same year. Main reason for refusal was that my wife, an EU citizen was a student at the time and had no health insurance cover. We got her covered on the 4th of October same year 2013. Appealed the decision and won and residence permit issued.

My question now is that, having lived together for five years and she has been exercising her treaty rights for these five years, can I apply by January (as this December will make me 5years) or will have to wait till the October 4th when her health insurance cover was acquired? When is the right time to apply? When does my 5years start counting?

Thanks as I await prompt response from you all

[zimba]

ILR is not relevant to EEA family members. You need to apply for PR

https://www.gov.uk/apply-for-a-uk-resid ... dence-card

[harmonyflows]

Yes, sorry meant PR. Thanks

[CR001]

Your wife needs to be a qualified person for the whole 5 years as someone exercising treaty rights. If she did not have CSI until 4th October 2013, then you have to wait for 5 years from that date and apply in 2018.