Indefinite Leave to Remain for EEA Family Permit Holder

[PAVA10]

I am a dual national British / Irish and my wife is Peruvian. We both live in the UK and my wife holds an EEA Family permit with a 5 year residence card as additional evidence of her right to live here with me.

My wife arrived in the UK on her family permit in August 2007. She subsequently applied for her residence card which she finally received in June 2008.

I understand that my wife needs to wait 5 years before applying for ILR. The question is - from when is the 5 year period measured? Is it 5 years from her initial arrival in the UK or 5 years from the receipt of her residence card?

Does anybody know what evidence will be required after 5 years?

Thanks in advance

[vinny]

I think that her qualifying period for permanent residence started when she first arrived and resided in the UK with you. See also Applying under European law and European Casework Instructions > Chapter 6 - Permanent Residence.

[Pasha]

As you are both British and Irish, you wife can apply for British Citizenship straight away on expiry of her Residence Permit. She does not have to apply for permanent residency.

[JAJ]

As you are both British and Irish, you wife can apply for British Citizenship straight away on expiry of her Residence Permit. She does not have to apply for permanent residency.

She has to have permanent residence but under EEA rules this is automatic after 5 years.