application for permanent residency

[BOKMAN]

Hi,im a non eea family member of an EU National,i entered the U K with an EEA family permit on November 2006 and was later issued a residence card on November 2007 and is valid until November 2012.My question is,to be eligible for permanent residence you should have spend five years continuously inthe U K,does my 5 years start from november 2006 when i entered the U K lawfully or does it starts from november 2007 when i was issued a residence card? if it start from november 2006 im i right to think that im eligible for permanent residence come november 2011 rather than 2012 when my residence card would be expiring? i will be grateful for the clarifacations,thanks in advance.

[Plum70]

You qualify for PR in Nov. 2011, provided that your EU spouse remains a 'qualified person' for the entire 5-year residential qualifying period and you both continuously reside in the UK up till then.

[Directive/2004/38/EC]

I agree. You qualify for PR in Nov. 2011

Plum, why do you say "and you both continuously reside in the UK up till then."???

[BOKMAN]

thank u very much for the clarification.

[robby1]

would he/she not be eligible for applying PR six months prior to 5 years as in rep of ireland .

[Obie]

would he/she not be eligible for applying PR six months prior to 5 years as in rep of ireland .

If Ireland says that, then they are wrong 100% and would certainly be expecting more rulings similar to that of Metock.

Residence is counted from the day the EEA national starts exercising treaty right and not when any administrative procedure commences.

I will advise whoever has been exercising treaty rights for 5 years in Ireland to apply for permanent resident certificate and Permanent resident card (in cases involving non-EEA family Members)respectively.

I am confident regardless of what the Irish say, they will not be stupid to reject those people.

[Plum70]

Plum, why do you say "and you both continuously reside in the UK up till then."???

Automatic PR status is subject to the residential qualifying requirements for both EU citizen and non-EEA spouse - 5 years of continuous UK residence with no more than 6 months outside the UK in each year; 1 year absences considered only in exceptional circumstances like: childbirth, studying, military service e.t.c..

Just so the OP is aware that s/he shouldn't casually clock up prolonged absences (of over 6 months) from the UK and still hope to qualify for PR in Nov. 2011.

[Directive/2004/38/EC]

Automatic PR status is subject to the residential qualifying requirements for both EU citizen and non-EEA spouse - 5 years of continuous UK residence with no more than 6 months outside the UK in each year; 1 year absences considered only in exceptional circumstances like: childbirth, studying, military service e.t.c..

Actually the rule is no absence should be more than 6 months, which is less restictive than 6 months per year.

[86ti]

2. The validity of the residence card shall not be affected by temporary absences not exceeding six months a year, or by absences of a longer duration for compulsory military service or by one absence of a maximum of twelve onsecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country.

[robby1]

this is the email i have received from department of justice.


Dear Sir/madam,
You can apply for a Permanent Residence Card 6 months before you have 5years of EU Treaty Rights in the State.
Regards,EUTr
EU TreatyRights
Mail - In Query