Non-EEA family member applying for PR

[BBQrabbit]

Hi everyone,

I find this forum is really helpful and this is the first time I put my question on it.
I'm a non-EU national. I came to the UK holding a student visa in 2003. I met my Spanish husband in the UK and got married in the UK in August 2005, but before our marriage, we've lived together for around 1 year. I did not apply for the family member Residence permit immediately after marriage because my student visa did not expire at that time. I applied and got the Residence permit for non-EEA famliy member in May 2006. I really wonder when I'm qualified to apply for the permanent residence of the UK? Is it 5 years after our marriage or 5 years after I got the residence permit? Many Thanks!

[thsths]

I really wonder when I'm qualified to apply for the permanent residence of the UK? Is it 5 years after our marriage or 5 years after I got the residence permit?

It is 5 years after your marriage. The right of residence is granted without any application, and the residence card is only a confirmation of this right.

Tom

[BBQrabbit]

It's really helpful, Tom! Thanks, a lot!

[BBQrabbit]

Hi, I still wanna confirm one thing. My husband and I have lived together for 1 year before marriage, so am I regarded as a non-EU family member in that 1 year? I mean if I could apply for PR 5 years after we started living together other than 5 years after marriage. However,as I know, unmarried partners would not be regarded as family members under EEA law. I'm so grateful if I could get any help!

[Forget-me-not]

Hi

I have got similar situation, except we were living together for 2 years, before our marriage.

Today I have spoken to immigration lawyer, and she informed me that I will be considered as a member of EU after 2 years of living together and plus 5 years of marriage, so in total you need to have 7 years, or just 5 years after marriage.. Which seems bizzare, so the earliest date to apply for PR its 5 years from the date of the marriage.
I am completely confused now, when I can actually apply.
Good luck and would be very greatful if you share here any new infor
thanks

[thsths]

Hi, I still wanna confirm one thing. My husband and I have lived together for 1 year before marriage, so am I regarded as a non-EU family member in that 1 year?

Well, theoretically that is possible. If you feel like giving it a go, nobody can stop you. The application is free, so there is nothing to loose either. And there is some legal logic in your argument.

However, I very much doubt that the Home Office would grant the application. So you would have to appeal, and by the time the appeal comes around, you would have PR anyway. So for most purposes it seems like a waste of effort (it may speed up things for naturalisation, though).

And Forget-me-not writes:

I will be considered as a member of EU after 2 years of living together

Yes, that is the UK rule, but it is just an implementation of the European law which requires a "durable relationship". Obvious, if you did get married, the relationship was durable, and arguable it was so from the start. Reinterpreting history is often done in legal cases, so this may just work in court. But it certainly is not easy.

Tom

[BBQrabbit]

Hi friends, really grateful for your replies. I'll consider carefully what I should do. Many Many Thanks!