non-EU family members marriage less than 5 years

[moonomid]

Hi
I’m new here and I’ve searched through the forum but I couldn’t find my answer.
My girlfriend is Canadian and she has been living in UK since 2010, but unfortunately she can’t apply for settle in UK (after 5 years of working) due to changing her visa (tier 2 to tier 5 - Youth Mobility) and also settle long residence in 2020 due to more than 540 days outside of UK .

I’m from EEA but I’m not in UK now and I’m going to move to UK. If I find a job in UK and then we get married next year, can she apply for non-EEA family members residence card (although I've not lived in UK for 5 years)?
If yes then how many years should we together (or married) that can she apply it?

Thanks in advance

[moonomid]

I mean : non EEA family member Permanent Residence Card

[Casa]

Your wife would need to complete 5 years of residence as your family member before qualifying for Permanent Residence (PR) under EEA Regulations (as they stand pre-Brexit)

[moonomid]

Hi Casa
First thanks for your reply.
I have other questions :
1- After marriage, can she apply for EEA family member visa in UK (and for how long this visa valid ) ? ( she has a 2 years tier 5 youth mobility visa at the moment)
2-Is it possible to work with the new visa in UK, as a self employed? Can she change her job easily? (not the same problem as tier 2)
3- is the visa valid after Brexit?

Thanks again

[talatsiddiqui]

After the marriage to you she could apply for a 5 year residence card based on yourself being her husband and qualified. This residence card will allow her to work and/or become self-employed.

I hope that helps