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I am currently on a EU spouse dependency visa since June last year. Prior switch to a spouse visa, i was on a work permit for three years. Can i apply for indefinite leave to remain next year on the basis of living in the UK legally for 5 years?
Hello,
Thank you for your question.
Please could you confirm that you have been issued with a residence card as the family member of an EU citizen?
It should look something like this:http://en.wikipedia.org/wiki/File:UK_residence_card_mod.png
I look forward to your response.
Hi,I confirm that I have been issued with a residence card as a family member of an EEA national. The card was issued in June last year.
Thanks for the confirmation.
As a family member of an EU citizen, you have a right to permanent residence once you have been living in the UK for 5 years.
Unfortunately, the UK authorities do not give credit for any period spent under the UK immigration rules.
This means you will be eligible to apply for permanent residence in June 2015
Experience: 12+ years of experience // LL.B., Maîtrise en Droit, Masters in EU Law, Pg.Dip.L.P.
Dear Valcke,Following my question last year, I have read the UKBA rules about permanent residency for the non eea spouse of an eea individual. Considering that my spouse has been exercising treaty rights in the UK for 8 years and we were living in a partnership relationship three years before we got married (during the three years i was on a work permit), can i now apply for permanent residency based on the three years we were partners and two years of marriage?Thanks,Ezra
Relist: Other.I need further clarity
Hi thank you for your question.You will need to have been in the as an eea resident for 5 years prior.to making an application for indefinite leave to remain. If you had remain on a work permit for 5 years and not switched to an era residence permit then you would have been able to apply for indefinite leave to remain by now. Because you switched you now need to wait 5 years in the.eea category before applying for indefinite leave to remain.I hope this answers your question.Kind regards,