Non-EEA requirements for PR

[johannf]

I couldnt really find an answer for my questions from other posts so would like to ask:
We have been living in the UK for just over 5 years now, wife is EEA national (Dual citizen (UK and Ireland) and Im non-EEA. She has had a permanent job for the last 3 years and I have been self-employed for 3 years now too. Both of us were actively looking for work for the 18 or so months prior to the 3 years... So:

1. Am I understanding the requirements of PR correctly that either my spouse or I have to had worked fulltime for 5 years, or would I still be able to apply for PR based on the above? Isnt actively seeking work a form of exercising treaty rights?

2. If I am not eligable yet, do I need to apply for another 5 year EEA residence card?

[noajthan]

I couldnt really find an answer for my questions from other posts so would like to ask:
We have been living in the UK for just over 5 years now, wife is EEA national (Dual citizen (UK and Ireland) and Im non-EEA. She has had a permanent job for the last 3 years and I have been self-employed for 3 years now too. Both of us were actively looking for work for the 18 or so months prior to the 3 years... So:

1. Am I understanding the requirements of PR correctly that either my spouse or I have to had worked fulltime for 5 years, or would I still be able to apply for PR based on the above? Isnt actively seeking work a form of exercising treaty rights?

2. If I am not eligable yet, do I need to apply for another 5 year EEA residence card?

1) Your activity is immaterial (as long as legal).

It is your spouse/sponsor who has to do all the heavy lifting and exercise treaty rights continuously for 5 years as a qualified person.

Spouse can acquire PR in own right based on such activity.
You can only acquire PR based on spouse's activity.

Jobseeker is a form of qualified person but you will hit problems if over 6 months as a jobseeker.

See HO guidance on qualified persons here:
https://www.gov.uk/government/uploads/s ... _clean.pdf

2) RC is optional for a family member. But it maybe advisable to have one especially with all this wild talk of Brexit,