In the latest application form, if I apply with section 4, does that mean I could apply after 3 years of marriage if my husband chooses to leave UK (stop exercising treaty rights) for a better job?
Edit*: I'm the non-EEA national, and already has resident card since Nov 2010. (married in Jun 2010)
https://www.gov.uk/government/uploads/s ... 9/eea4.pdf
In guidance notes:
3. When To Apply
You may apply at any time after residing here
for a continuous period of 5 years in accordance
with the EU laws relating to free movement
rights that were in force during the 5-year
period.
In section 4- Retained Right Of Residence In The UK
You must complete this section if you are applying for a permanent residence card because of
a divorce, or because your EEA national family member has died or left the UK. You must also
complete section 5, 6 or 7 (whichever is applicable) to show how your EEA family member was
exercising Treaty rights, and section 8 to detail any absences from the UK.
4.4 Have you been married for at least 3 years and lived in
the UK for at least one of the three years? (YES)
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