Non EEA Permanent Residence Application for spouse of BC

[veraszonyi]

Hi Everyone,

I have been browsing the relevant forums, but I don`t seem to find anyone who is in the same situation.
I hope someone can help me and answer my question.
So there it is: Can my husband apply for PR?

Our story:
I am EEA citizen and I have become BC 2 weeks ago.
We got married in 2010 October in Cuba, he received EEA Family Permit in December for 6 months, moved to the UK to live with me and after that he received Residence Card for five years, which will expire in June this year.
Unfortunately I did not realize on time that he should be applying for the PR card before I become BC and although he has been living in the UK for over 5 years we are still a bit unsure what to do. I made several calls to Home Office and I got 3 different answers. One of them was: "He has to leave the country and apply for spouse visa." I totally freaked out.

Is anybody in similar situation?
Thank you ever so much for any help in advance!

[Casa]

Assuming you have been 'exercising your Treaty rights' during his 5 year qualification period, he should apply for an EEA card as confirmation of PR which would have been automatically obtained in 2015.
The HO 'help line' are notorious for giving incorrect advice.

The information in the article in this new 'read only' thread may be helpful.
http://www.immigrationboards.com/eea-ro ... 05392.html

[noajthan]

Hi Everyone,

I have been browsing the relevant forums, but I don`t seem to find anyone who is in the same situation.
I hope someone can help me and answer my question.
So there it is: Can my husband apply for PR?

Our story:
...

Is anybody in similar situation?
Thank you ever so much for any help in advance!

Ordinarily UK HO will not now consider anyone who is a BC to be an EEA national (even if they are a dual national from EEA).

However as you/your spouse had foresight to obtain his RC before 2012 he should be able to invoke the McCarthy transitional arrangement and all should be well.

In terms of spouse's application for confirmation of PR just continue with you as the EEA sponsor.

[veraszonyi]

Thank you ever so much for your quick replies! I was hoping for answers like yours! I will update my story later on in the process.