Forum Immigration UK

[izunia52]

Hello everybody,
I am Polish girl married to Nigerian man.
We were with each other 5 years now.
He has EEA family member residence card which is temporary one=for 5 years.
I was trying to look and find more info on the below subject.
What will happen when the 5 years finish?
I need to add that am not working at the moment,so I can not produce 5 years history of employment.
Will his card expire?Can he stay without applying for the new one?Or does he need to go back to Nigeria and apply for the new one??
I will be grateful for any kinf of help.
Thanks a lot

[texkourgan]

So he holds a EEA Family Permit - correct? It appears you will need to:

If the EU spouse/partner does not hold a current Residence Permit, a joint application would be made to the Home Office for a Residence Permit (for the EU spouse/partner) and a 5 year Family Permit (for the non-EU spouse/partner).

What is your status in the UK? Would you qualify as a settled person?
I would refer you to the UK Border Agency site
Find out how you can come to the UK with a view to settling here if you are the partner, child or elderly dependent relative of a British citizen or someone who is settled or settling here.

In addition, the Guide to London has a helpful section on visas, and much much more.

Can anyone provide more information?

[izunia52]

Its the so called temporary residence card..
I don't know who can be qualified to be settled person?
We have child together.

[ladyjulian]

At the end of five years, if you are still together and if you are still 'exercising Treaty rights' then he can get a permanent residence card. The rules about this are complicated but broadly speaking:

* If you worked for the full five years then he can get permanent residence

* If you were working but are now retired then he can get permanent residence

* If you have been self-sufficient for that time (eg he was working to support the family and you were not) then he can get permanent residence

Have you worked for a consecutive five year period at all? If so then you have automatically acquired permanent residence, which means that he can apply as your spouse if you meet the requirements. Alternatively, if he is a permanent carer of an EEA child then he can apply on that basis. He doesn't need to leave the UK.

He will have a basis to remain, it will just be a matter of finding the right one. EEA law is complicated and I would actually suggest seeing a lawyer - just for a consultation. Most good lawyers will let you have a consultation without wanting to take the whole case on (if they do want to make you pay for a full case that might be a warning sign that they are not a good lawyer!)