Hi I’m an Indian and married to EEA ( Portuguese) and got 5yrs EEA family member visa ....my EEA family member visa is until jan 2019 ....my wife has been exercising treaty rights from the past 5 yrs but we don’t have documents to prove that we are staying together due to My job requirement n also I’m not aware of these rules and neglected it ......Am i still eligible to apply for PR??....and if I’m eligible what are the chances of getting PR ....please guide me thanks .....

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Public Answer: 

Thank you for your enquiry.

In order to apply for permanent residence as a family member of an EEA national, you must be able to evidence that you have been married to the EEA national for a continuous period of five years and that the EEA national was exercising their treaty rights or had permanent residence during the same 5-year period or a combination of both.

With regard to the evidence of cohabitation, this is important to provide in order to prove to the Home Office that you and the EEA national have lived together in a subsisting marriage during the relevant period. If you do not have the evidence, and there is a credible reason for this, then an application may be made explaining the circumstances to the Home Office.

As your matter seems complex, a member of our team will contact you in due course to invite you to our office for a consultation.  

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