EEA citizen spouse doesn't want to apply for EEA(PR)

[sam_kh]

Hi
I have lived in UK since OCT2008 on a student visa, then got married to an EA(Norway) citizen in the UK on Jan 2013.
he is a qualified person, and I have been working on a permant position for the last 5 years and lived continuiosly in UK for the past 5 years. I am about to apply for my permanent residency. I have the following questions:
1. I just noticed I can't find my marriage certificate if I get a copy from General Register Office (https://www.gov.uk/order-copy-birth-dea ... nformation ) will that be acceptable for home office?
2. since I got married in Jan 2013 can I apply for my PR now(Jan 2018)? or do I need to wait till Oct 2018 as the EEA2 visa was granted on Oct2013?

if any one know the answer, PLEASE PLEASE let me know.
Thank

[Richard W]

That copy will be an original copy of information from the register of marriages, and thus perfectly acceptable. Assuming you two are still married, your employment history is irrelevant; it is your husband's that matters. You may apply on your wedding anniversary.

[sam_kh]

Hi Richard W
Thank you for your response. I just found my marriage certificate.
but do you mean it is acceptable by the home office to apply by marriage anniversary or I just can try to apply sooner? Could you please explain more?
Please let me know
Many thanks

[Richard W]

Thank you for your response. I just found my marriage certificate.
but do you mean it is acceptable by the home office to apply by marriage anniversary or I just can try to apply sooner? Could you please explain more?

I mean that you attain the permanent right of residence on the 5th anniversary of your marriage. With one exception, the rights of residence under the EEA rules (Regulations + EU law) are acquired automatically rather than being granted. In these normal cases, a residence card is definitely not a visa. The exception is the right of extended family members to be treated as family members; it is generally held that that right is granted by the issue of a residence card.

[sam_kh]

Thank you

[sam_kh]

Hi
I am nonEEA and have been holding EEA2 visa for the past 5 years.
My lawyer has advised me to fill EEA-PR form to apply for my indefinite leave to remain. Also, has asked my husband (who is a Norwegian citizen living in London since 2007 and has a Residence Card) to apply for EEA(PR) too. but my husband for his own reasons doesn't want to have the UK PR. my questions is :
is it necessary for him to apply for PR to make my application acceptable for Home office? Or can I just apply individually? it is very important for me to know if my application will be in jeopardy if my husband doesn't apply with me?

Please let me know what you think and we know about Brexit so please don't reply that he should apply because of Brexit.

Thank You

[GMB]

You can apply for confirmation of your PR status independent of your husband. You have or very soon will acquire the status in your own right, and therefore you are free to apply for the confirmation in your own right. The only difference on the form EEA(PR) is that if your spouse had a PR document already, you could just include that in the application and not have to provide proof of his ongoing employment or other treaty rights for the past five years. Otherwise, makes no difference if he has one yet or applies with you now or ever.