EEA3 & EEA4 query - Permanent Residency

[maninuk]

Hi All,
Would be very appreciate for your help.

I have sent an email to UK Immigration Agency ( Aug 4th) regarding Permanent Residency and still no reply. So I`m looking forward to get any respond from you guys.

My wife is resident of EEA and been settle in UK since June 2004 (under WRS). We got married in Oct 2007 and so my missis has got Residence card and I do hold EEA Family Permit (as non European nationality) as from Dec 2007.

My question was whether my wife entitle for PR. As I found Home Office UK Boarder document reference http://www.ukba.homeoffice.gov.uk/sitec ... ide_an.pdf


SECTION 2: RESIDENCE REQUIREMENTS
2.1 Enter the day you first arrived with a view to staying in the UK on a long-term basis, and the airport or seaport through which you then entered.


Other question was whether I am entitle for PR as well. As I reside in UK since Nov 2003. I arrived UK on student visa first then switched to EEA Family Permit visa in Dec 2007.

I made 4 phone calls to Home Office recently regading this issue and had differenet answers:
They made a clear answer that my missis can apply for PR as from now as she was under WRS from 2004 ( 5 yrs requirement).
But in my case HO workers said various answers: I`m entitled already to apply for PR ( 5 yrs passed as well), and other one said I had to pass 5 yrs on my EEA family visa.

Awaiting for your reply. Thx

[Obie]

Your 5 years clock start ticking from the day you became a family member of an EEA national exercising a Treaty rights in the UK, and living with that partner in the UK.

As of now she qualifies, but i am not sure your qualify yet, if you both started living together since 2007. You would have to wait till about 2012.

Five year resident under EU law doesn't start when you came to the UK on a student visa, but when your became a family member of an EEA national exercising treaty rights in the UK and start living as a family unit with that individual in the country- in this case UK, that they are exercising treaty rights.

[maninuk]

Hi Obie,
but as I said HO people told me on the phone that I was entitle to apply PR now. It so confusing! That`s why I dont want send it and receive all my docs back due to Eligibility for PR.
Awaiting for any respond who actually gone throughb this.
Ta

[Obie]

Whoever said you can apply don't know what they are talking about. I am going on the face of the information you have provided, obviously.

However, you can apply and see, but i am pretty sure your application will be returned. End of the day it is free.

[maninuk]

Hello Obie,
I`ve made a final phone call today and HO staff said that I could apply PR now. I just need to prove that I was in UK for a period of 5 yrs...
confused

[Obie]

Period in UK for 5 years under Directive 2004/38EC, not three under UK law(student) and 2 under EU law (Directive 2004/38EC), this is what i think they meant. However if you are granted, that will be great. Who knows, they might have changed things. Remember though that the people you speak to on the phone are mostly receptionist, with no idea on the planet about EU directive. They are not caseworkers that will be dealing with your application.

To acquire the right to reside permanently in the UK, you
need to have resided here with your EEA or Swiss national
family member for a continuous period of 5 years in accordance
with the relevant EEA Regulations.

[maninuk]

Thats why Im still not sure and looking forward to get more answers from people inside the forum...
appreciate for your quick reply

[Mr Rusty]

I think the legislation is quite clear - this from the EEA (Immigration) Regulations 2006:-

"15.—(1) The following persons shall acquire the right to reside in the United Kingdom permanently—
(a) an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years;
(b) a family member of an EEA national who is not himself an EEA national but who has resided in the United Kingdom with the EEA national in accordance with these Regulations for a continuous period of five years;"

The bit highlighted is significant, because it limits the qualifying period to residence under the EEA regulations, so that any other stay under the UK Immigration Rules can not count towards the 5 years.

[maninuk]

Hi there,
Anyone else could advise about it please. Especially people who have gone though this already.

Thanks for your cooperation guys.

[Obie]

Perhaps, you should enter your query in this http://www.immigrationboards.com/viewtopic.php?t=31498 thread and see what you get.