EEA Spouse want to apply 5 year route Visa

[Evicra]

Hi.
my friends Visa for EEA spouse approved today for 5 year resident card . he got married in 2011. a lawer told him that he can apply for 5 year independent visa that will make him eligible for British passport or PR on its.

q1. was lawer right in saying that

q2 . if yes can you please guide me which application and guidance he should follow.

any suggestion is more than welcome

i hope i asked sensible questions

[LiYu]

If your friend just got a EEA Residence card, he's eligible for 5 years in the U.K. He can only apply for EEA Permanent Residence after 5 years in the U.K. whislt exercising his treaty rights. For British citienzenship, after 6 years. All of these years with no gaps longer than 6 months.

I think if you're friend's been married to her spouse for more than 6 years now, he probably can apply for EEA citienzship of his wife's European country.

I also believe that if you could say what was your friend status in the U.K. before the EEA RC and how long he's been in here, and in what status, we could be more precise to your questions.

[Casa]

If your friend just got a EEA Residence card, he's eligible for 5 years in the U.K. He can only apply for EEA Permanent Residence after 5 years in the U.K. whislt exercising his treaty rights. For British citienzenship, after 6 years. All of these years with no gaps longer than 6 months. For BC, absence must not exceed more than 90 days in the 12 month period prior to submitting the BC application and no more than 450 days in the qualifying period.

I think if you're friend's been married to her spouse for more than 6 years now, he probably can apply for EEA citienzship of his wife's European country. Very doubtful.
I also believe that if you could say what was your friend status in the U.K. before the EEA RC and how long he's been in here, and in what status, we could be more precise to your questions.

Note that it is the EEA national who must be exercising their Treaty rights during the 5 year period, not the Non-EU/EEA spouse

[LiYu]

@Casa, that's def right. But i was wondering what this person (the non EEA) would be doing for 5 years that s/he could later then apply for PR.

[Casa]

@Casa, that's def right. But i was wondering what this person (the non EEA) would be doing for 5 years that s/he could later then apply for PR.

I'm not sure what you mean by 'what this person (non-EEA) would be doing for 5 years'? The EEA sponsor has to be employed or self-employed. If the sponsor is studying or claiming to be self-sufficient they would have to hold Comprehensive Sickness Insurance (CSI) throughout the 5 year qualifying period.

It's irrelevant how the non-EEA spouse spends their time.

Unless the non-EEA national qualifies for a student visa (massive study fees) or for a Tier 2 visa as a skilled worker, he won't qualify for his own 5 year visa. Why would he want to