EEA family member settlement

[sharmarina]

HI EVERYONE!
need some real help here.. my topic covers few categories really, but bottom line of it is settlement of EEA family member..so i hope I'm in the right place.
Ok, so I ,myself, am an EEA national, Ive got my permanent residence and just over a month ago Ive applied for naturalisation as British Citizen.. application still with UKBa with no news... (so sort of in the middle of being EEA national and British citizen)

Now, My husband is Indian, got his 5year residence card in 2009 (the one that says:" Family member of an EEA national") that is expiring in September'14 (next month!)... So, The question is whats next step for him???
The more we look up on internet, the more confused we get... Guidance for Permanent Residence EEA4 seems to cover only ones that apply together with their EEA member...ILR? reading some articles and it looks it doesn't apply to our case at all?

my husbands goal is to get British citizenship,but I suppose he'll need 1 year either PR or ILR before he can apply for BC?

... in our circumstances which way to go? what to apply for now? My documents and PR are with UKBA... Husband's RC will expire in september...

help?! please?!

[jove]

It's my understanding that if your husband is coming to the end of his initial 5-year residency period (EEA2), he should apply for permanent residence (EEA4). You don't have to apply together, he can make his own application. Once approved, he will receive another (permanent) residence card in his passport. After 1-year as a permanent residence, he can apply for citizenship.

[sharmarina]

Ok, thats great-thanks for your reply!
its the EEA4 now,then... as i understand process and documents are quite similar to EEA3?

and me having PR for more then 12 month make no difference? and if by chance (which not very likely, but still possible) i get my BC before my husband's residence card expires... will it make a difference?

kind regards,

[sharmarina]

oh, my PR, my passport and even driving license is with UKBA (naturalisation dept)???? and my ID has to be included with the EEA4 application... suggestions, please?

[Jambo]

If BC is his goal, my advice would be to skip the EEA4 application and wait until you become BC (attending the ceremony) then apply directly for BC as a spouse of BC.

I would not worry about the RC expiring. Under EEA regulations, those are optional. He probably already have obtained PR status (obtained automatically after 5 years of residence. The dates on his RC are irrelevant).

To apply for BC, he will need your PR card, marriage certificate and EEA passport (to show he has obtained PR through you) and you naturalisation certificate / British passport to show you are British (so he doesn't need to wait one year after PR).

[sharmarina]

If BC is his goal, my advice would be to skip the EEA4 application and wait until you become BC (attending the ceremony) then apply directly for BC as a spouse of BC.

I would not worry about the RC expiring. Under EEA regulations, those are optional. He probably already have obtained PR status (obtained automatically after 5 years of residence. The dates on his RC are irrelevant).

To apply for BC, he will need your PR card, marriage certificate and EEA passport (to show he has obtained PR through you) and you naturalisation certificate / British passport to show you are British (so he doesn't need to wait one year after PR).

Oh, relief! Thank you- i guess thats the answer i was looking for!
how is 5 year of family member calculated? is it from entry clearance date, date RC issued or my dates? or just once I've got my PR, my husband automatically getting it? (in circumstances, that he has being with me all this time)

regards,

[Jambo]

This is calculated from the time he resided in the UK as a family member of a qualifying EEA national.

So if you were married when you moved to the UK and you were working then, then it counts from his first day in the UK. When he made his application is irrelevant.