Hi, I am Indian citizen living and working in the UK on a Tier 2 visa currently on 3 years 1 month ( renewed last month). I am also on a EEA EFM residence card since July 22nd 2016 as my fiancee is a German citizen working and living in the UK since Jan 1, 2013. My question is would I be able to apply for Permanent Residency in Jan 2018 as both myself and my fiancee would then have completed 5 years living together due to her being qualified during that time or would we have to wait till July 21, 2021 when my EEA EFM residence card 5 years? To put it directly, is the residence card that needs to complete 5 years or is it myself having stayed with my qualified fiancee in the UK for 5 years that is considered for the Permanent Residence? thanks for your help, it is much appreciated.

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Public Answer: 

Thank you for your question.

If you are an EEA family member of an EEA national, you may be able to apply for a Permanent Residence Card after living in the UK continuously for five years as long as the EEA family member has been a qualified person for that time.

To be a qualified person, your fiancee must show documentation to prove that they have been employed, self-employed, a student or a self-sufficient person for five continuous years.

We will need further information from you to help with you case, Please call our office to make an appointment with one of our Immigration Solicitors.
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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