EEA4 permanet Residence -when to apply -5yr after marriage?

[leoleo]

Good afternoon.
Could anyone please advise me on my case.

I'm a non-EEA with a permission to stay in the UK as a family member of EEA national. I've been living in the UK since 2001. I got married on the 30th of August 2005 with an EEA national.
I applied for a Resident Card later that year and was granted permission to stay in the UK as a family member of EEA on the 10th of April 2006.

I understand that after you have lived in the UK for a continuous period of five years you can apply for a permanent residence.

When can I apply for the permanent residence in my case? Is it on the 31st of August 2010 (5 years since the day of my marriage) or on the 11th of April 2011 (5 years since I have been granted permission to stay)?
I would highly appreciate a reply to my question. Thank you.

[Ben]

When can I apply for the permanent residence in my case? Is it on the 31st of August 2010 (5 years since the day of my marriage)

It is.

[leoleo]

Thank you Ben for your prompt response

I could not find this info on HO web-site and anywhere else.

Thank you so much ))))))

[leoleo]

Hello again. Thank you for your reply once again
I just wanted to ask you one more question please.

If I qualify for a Permanent Residence on the 31st of August 2010 (after 5 years since the day of my marriage) will I qualify for the naturalization on the 31st of August 2011 (after 1 year of being a permanent resident)? is that correct or will I qualify since the day I'll be granted a Permanent Residency?

Thank you in advance

[Ben]

If I qualify for a Permanent Residence on the 31st of August 2010 (after 5 years since the day of my marriage) will I qualify for the naturalization on the 31st of August 2011 (after 1 year of being a permanent resident)? is that correct

It is.

[thsths]

When can I apply for the permanent residence in my case? Is it on the 31st of August 2010 (5 years since the day of my marriage) or on the 11th of April 2011 (5 years since I have been granted permission to stay)?

Actually you can apply 28 days earlier, on the 3rd of August, although that is not clear cut. The application will probably take a while, so trying to get it in as soon as possible may be a good idea.

[BLK235]

When can I apply for the permanent residence in my case? Is it on the 31st of August 2010 (5 years since the day of my marriage) or on the 11th of April 2011 (5 years since I have been granted permission to stay)?

Actually you can apply 28 days earlier, on the 3rd of August, although that is not clear cut. The application will probably take a while, so trying to get it in as soon as possible may be a good idea.

Are you sure 28 days rule can be applied to applications under EU legislations?

Nowadays they check EU applications for completeness on receipt, don't know if it involves checking dates.

[thsths]

Are you sure 28 days rule can be applied to applications under EU legislations?

I know, that is a rule from UK law, and it is not clear whether it is applicable to European applications. I would think it is worth a try though.

Nowadays they check EU applications for completeness on receipt, don't know if it involves checking dates.

Indeed, although I fail to see the legal basis for is. There is no law that states you cannot apply before you reach the eligibility. In fact, any efficient bureaucracy would put the real validity date on the permanent residence card, not the issue date, so it could even be post dated. But obviously the UKBA would never consider that.

[vadimvin]

Are you sure 28 days rule can be applied to applications under EU legislations?

I know, that is a rule from UK law, and it is not clear whether it is applicable to European applications. I would think it is worth a try though.

Nowadays they check EU applications for completeness on receipt, don't know if it involves checking dates.

Indeed, although I fail to see the legal basis for is. There is no law that states you cannot apply before you reach the eligibility. In fact, any efficient bureaucracy would put the real validity date on the permanent residence card, not the issue date, so it could even be post dated. But obviously the UKBA would never consider that.

Can UKBA refuse an application on this ground if it has been posted 28 days before?