EEA Family Member's permanent residence card

[Hgoren73]

Hello, I wonder if anyone can help me? I am Turkish citizen and my wife is Polish citizen. She have been here since 2007 and worked until 2018. We have been together since 2010 and got married at 2014. I received a EEa family member residency until 2020. She is applying for her permanent residency in UK. My question is can I add myself with her application as I read on Home office website if she has been here more than 5 years (6+) she can add her direct family member as dependent to her? My solicitor told me I have to wait 5 years after my marriage daye so I am kind of confused.

Thanks
Huseyin

[CR001]

Your 5 years for PR starts from date of marriage in 2019 so no, you do not qualify for PR yet. Your solicitor is correct.

You would only qualify sooner if you held an EEA EFM residence card before you got married.

[Richard W]

Hello, I wonder if anyone can help me? I am Turkish citizen and my wife is Polish citizen. She have been here since 2007 and worked until 2018. We have been together since 2010 and got married at 2014. I received a EEa family member residency until 2020. She is applying for her permanent residency in UK. My question is can I add myself with her application as I read on Home office website if she has been here more than 5 years (6+) she can add her direct family member as dependent to her? My solicitor told me I have to wait 5 years after my marriage daye so I am kind of confused.

The general interpretation is that time as a durable partner does not count until one gets a residence card, so I would say your solicitor is correct. There has been a court ruling that such time does count, but I don't believe it can be relied upon, nor can I remember the name of the case.