How early can you apply for EU family member Permanent Residence Card

[tedok]

Good afternoon,

I am a 26 years old woman with a 5 years EU Dependent resident permit which i got through my father who is a German (EU) national, i arrived in the UK in 2012, i still live with my father at his address. I am due for a permanent resident card in 3 months time and while going through the EEA(PR) form, i noticed some questions on section 3 (3.2) then section 13 of the form, like if i work, how many hours and salary, if my sponsor gives me money and so on and if i depend on my sponsor (Father).
I have been working since i came to UK and my application is based on my father an EU national who has worked since his arrival over a decade ago.
I am really confuse and i don`t know if i have to say i am working or not and if working then how do i fit into depending on my father financially, like i said i live with him, he pays all the house bills including the mortgage and food.
Please i need an advice on what and how to fill that section of the form.

Thank you

[tedok]

Hello Everyone,

Just a quick one, please, How early can you apply for EU family member Permanent Residence Card?

My 5 years family permit will expires on the 28th January 2018, and i want to know the earliest i can apply for the permanent card.

Regards,
Tedok

[CR001]

You need 5 years residence. When you can apply depends on your relationship with your EU sponsor.

There is no '28 days early' concession for EEA/EU route applications.

[GMB]

I waited till the day I reached five years qualified residence before I mailed the application, just in case they decided to use the date of posting as my date of application. I wouldn't put it past them to refuse it because "applicant only had 4 years, 364 days qualified residence on the day they sent the application." They're looking for reasons to deny applications. Don't give them any.

[Mugen]

I’ve booked an appointment with immigration lawyer and he advised to submit application for Non-EEA PR 28 days before RC expires.
And I know he is good. Interesting...

[secret.simon]

I’ve booked an appointment with immigration lawyer and he advised to submit application for Non-EEA PR 28 days before RC expires.
And I know he is good. Interesting...

It's not that straightforward.

The applicant must have completed five years of residence in the UK under the EEA Regulations before application. The date on the RC is irrelevant. So, if for instance, a non-EEA person married an EEA citizen in the UK and the EEA citizen was consistently exercising treaty rights throughout the five years, the non-EEA citizen can apply on the fifth anniversary of the marriage, irrespective of the date of the Residence Card.

But, as CR001 has mentioned above, the 28 day concession applies only to applications made under the UK Immigration Rules. There is no such concession for either applications made under the EEA Regulations (for either EEA or non-EEA citizens) or even for citizenship applications under the UK nationality laws (which are not a part of the Immigration Rules).

I suggest that you show this thread to your lawyer and ask him to comment.

[Mugen]

Thank you! Will do.

[Mugen]

I waited till the day I reached five years qualified residence before I mailed the application, just in case they decided to use the date of posting as my date of application. I wouldn't put it past them to refuse it because "applicant only had 4 years, 364 days qualified residence on the day they sent the application." They're looking for reasons to deny applications. Don't give them any.

@GMB does it means that if your RC expires 15th of March that you have posted application 15th of March so they will get it 16th? Because technically you cannot provide proof of exercising threaty rights for the current month which has not finished yet?

[GMB]

You are eligible to apply when you reach five years of qualified residence in the UK, which almost certainly is an earlier date that the expiration of your RC. My RC expired 14 Oct, but I applied when I hit my five year eligibility date (25 May) and so I already had my PR card in late September. So the expiration date of your RC card doesn't mean anything for PR purposes.

[Mugen]

You are eligible to apply when you reach five years of qualified residence in the UK, which almost certainly is an earlier date that the expiration of your RC. My RC expired 14 Oct, but I applied when I hit my five year eligibility date (25 May) and so I already had my PR card in late September. So the expiration date of your RC card doesn't mean anything for PR purposes.

I you happy to tell here - what is your eligibility date was based on?

[GMB]

I you happy to tell here - what is your eligibility date was based on?

Five years from my date of marriage to an EEA citizen who was already exercising treaty right in the UK.

[Mugen]

I you happy to tell here - what is your eligibility date was based on?

Five years from my date of marriage to an EEA citizen who was already exercising treaty right in the UK.

Same as me. Thanks for reply!