non-EEA family member of a EEA, qualifying period

[irenesalazar]

Hi everybody! Thanks in advance for your help, I have applied to five different UK visas / residence cards and every time I have found help here in this website.

So, me: Colombian national (non-EEA), married to a Hungarian (EEA) for 1 year and 10 months. Currently in the UK under a EEA family member residence card, which is valid until July 2019.
My Hungarian husband is applying for a document certifying permanent residence as he has been in the UK exercising treaty rights (full time employment) for 5 years and 2 months.
My question, can I apply with him?
I have also been in the UK for 5 years (and 3 months), as a student and then working full time, then self employed and now working full time again. However we have only been married for the last year and 10 months, and I am a non-EEA national.
Can I apply together with him?

Thanks so much!!

[noajthan]

Hi everybody! Thanks in advance for your help, I have applied to five different UK visas / residence cards and every time I have found help here in this website.

So, me: Colombian national (non-EEA), married to a Hungarian (EEA) for 1 year and 10 months. Currently in the UK under a EEA family member residence card, which is valid until July 2019.
My Hungarian husband is applying for a document certifying permanent residence as he has been in the UK exercising treaty rights (full time employment) for 5 years and 2 months.
My question, can I apply with him?
I have also been in the UK for 5 years (and 3 months), as a student and then working full time, then self employed and now working full time again. However we have only been married for the last year and 10 months, and I am a non-EEA national.
Can I apply together with him?

Thanks so much!!

Your rights as a dependent family member derive from marriage to an EEA national who is exercising treaty rights in UK as a qualified person (eg a worker).

So your PR clock started on your date of marriage (assuming in UK) & now depends on your continuity of residence in UK (ie any absences with prescribed limits).
Once you have 5 years time-served you will (probably) have acquired PR.

Good luck.

[irenesalazar]

Thank you very much noajthan!