Indefinite leave for spouce with 5 years residence card.

[clara]

Hello,
I would like to know if my husband qualify for indefinite leave at this moment..
I'm a EEA citizen, living and working in UK since 2005, I leave with my husband since 2005 and married in 2008, we waited 1 year until the home office issue my husband with residence card of EEA family member . Since 2009 we had two children and they are both British citizens,we both work and never claimed any benefits.. my question is do my husband need to wait until 2014 before he can apply for permanent residence (indefinite leave )? Or can he apply now???

Many thanks

[EUsmileWEallsmile]

Basically, your husband needs to have lived in the UK five continuous years with you while you were exercising treaty rights. It does not matter when he was actually issued with a residence card. The year when you married may be the point when the five years started or possibly before if you were in a durable partnership.

[fysicus]

clara, how did your children get British Citizenship? Normally (in a situation like yours) that can only happen if one of the parents holds Permanent Residence under the EEA Regulations. You are entitled to that from somewhere in 2010 (having lived in the UK for five years then); did you apply for confirmation (EEA3)?

For your husband I think it is easier to wait till five years after the marriage; it makes it easier to provide the required evidence. Claiming a durable relationship retroactively may be difficult.