Just a quick enquiry

[kitchcab]

I came into uk via surinda singh, as a married spouse of a uk national.
During my EEA2 application, I was made to understand that my spouse need not to be a qualified person (according to the directive) in order for my application to be considered as she is a British national.This was confirmed by the ukba.I got the 5yrs Rc.UKBA never asked for the proof of employment or private insurance if not employed, or evidence of being retired.
My question is
Will the same principle be applied when I apply for PR? We are still very much happilly married with kids who are all British
I am asking this because I have not seen a similar situation in the forum, where the initial RC was obtained via surinda singh, and the UK spouse was not compelled to be working or required to have private insurance when self employed.

[86ti]

The rules that the UKBA would need to have to apply derive from the Eind ruling (2007, I believe) which says that a returning citizen does not have to "exercise treaty rights" in his/her own country. I do not know how the UKBA sees this at the moment but in principal, or course, the same would have to apply for PR.

[kitchcab]

To apply for PR, does the 5yrs residency in the uk counts from the date you were given the RC under the directive, or from When you got your EEA FAMILY PERMIT (valid for 6months)from the uk consulate in other EU country.
for example,
*EEA family Permit issued outside uk in June 2008.
*Travelled to uk along EEA Spouse same month (June 15th 2008).
*5yrs RC approved in June 28th 2009.

When is the 5yrs qualifying period start from?

[86ti]

Five continuous years of residence in the UK under the EEA regulations are required (for the 'typical' case). (But the question still remains whether the British citizen needs to demonstrate sufficient income for that period or not.)

http://www.legislation.gov.uk/uksi/2006 ... on/15/made

[sjimoh112]

What I understand is if you're married to a British citizen you won't get rc you will get indefinite leave. However you can find detailed information on ukba website. Even the law that guide them is there.

Best wishes

[86ti]

What I understand is if you're married to a British citizen you won't get rc you will get indefinite leave.

That's wrong.