I am the non-EU family member of an EEA national exercising treaty rights through continuous employment. I got EEA family permit and i and my spouse arrived UK on the 1st May 2012 and started working full time, I applied for eea2 in Oct 2012 and we both briefly left the UK in dec 2012 while eea2 application was being processed. I obtained a second EEA family permit and we both returned in may 2013 and immediately we continued working. In jun 2013 i was refused EEA 2 card for failure to submit my original passport with my application. I wrote to UKBA asking them to reconsider their decision and i sent them my original passport and in July 2013 i was issued my eea2 . will my qualifying period start from when i first arrived UK as in may 2012 or when my card was issued in july 2013

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Public Answer: 

Thank you for your question. To qualify for permanent residence status as a family member of an EEA national you must be in a 'durable relationship' and have resided legally in the UK for five years. Also, the EEA nationals must have been exercising their Treaty rights during the five years; ie working, studying, being self-employed or self-sufficient. If you chose to let us represent you, we can deal with UK Visas and immigration on your behalf and may be able to have your qualifying period start from the earlier day.

Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact Form.

I look forward to hearing back from you soon.

Best regards,

OTS Solicitors

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