Counting time for Residence card and PR for non-EEA spouse

[queenbee102]

Hi all,

I'm non-EEA spouse of an EEA national who has obtained Permanent Residence in the UK. I'm in the UK with my EEA Family permit and we are preparing to apply for my Residence Card. I have a couple of questions to ask regarding my case. I hope knowledgeable members of this forum might be able to help.

1. I have been living in the UK with my Tier 4 visa for over 1 year. Does this time count towards the 5 years to apply for PR, or do I need to wait until I complete the 5 years of my Residence Card before applying for the PR?

Here's a brief description of my timeline:

- September 2016: Arrived in the UK with Tier 4 Visa.
- April 2017: My fiancé (who is now my husband) received his Document Certifying Permanent Residence in the UK
- November 2017: Got married to my husband (EEA national) in the UK
- January 2018: My Tier 4 Visa expired, I went back to my home country for some family issues.
- May 2018: I came back to the UK with an EEA Family permit
- June 2018: Will submit my application for Residence Card

Our question is how to count the 5 years time to apply for the PR? Should we start counting from September 2016 (when I arrived with Tier 4 visa), or from Nov 2017 when we got married in the UK, or when I arrived in May 2018 with my EEA Family Permit?

2. My husband has been looking for jobs (not employed yet). Does it affect my chance of getting the Residence Card, taking into account the fact that he already got Permanent residence?

3. Since he's not working now, so we dont have work contract or payslips to submit, I'm afraid the Home Office will question about the financial aspect of my case. How much money should we put in the savings account to prove that we have enough money to sustain for some months until my husband can find a job? Is there a threshold for the amount of money in his account?

Any advice will be much appreciated! Many thanks!

[queenbee102]

Hello, can anyone help to answer please, especially about the counting time for the PR (number 1).

Thank you!

[CR001]

Your time before you married on Tier 4 does not count as you did not hold an EEA RC or EEA FP and you were not married.

You would normally count from date of marriage but not sure if by applying for a family permit outside the UK changes this.

[queenbee102]

Your time before you married on Tier 4 does not count as you did not hold an EEA RC or EEA FP and you were not married.

You would normally count from date of marriage but not sure if by applying for a family permit outside the UK changes this.

Thanks for your answer!

[carlosandres-coral44]

I am a 100% sure that the 5 years period starts from the date you got married, because by law you became a family member of an EEA since the date you got married, so start counting from the date of the wedding....
i am sure cause I was in the same situation and I seeked for legal advice, so they inform me really well about this...
so count five years from the date of the wedding, and then you can apply for permanent residence.

[queenbee102]

I am a 100% sure that the 5 years period starts from the date you got married, because by law you became a family member of an EEA since the date you got married, so start counting from the date of the wedding....
i am sure cause I was in the same situation and I seeked for legal advice, so they inform me really well about this...
so count five years from the date of the wedding, and then you can apply for permanent residence.

Many thanks for your answer. Really helps me a lot