# When Can I Apply For ILR (EEA4 Form)



## Brina (Aug 17, 2013)

A little background: My husband and I are both Canadian citizens and my husband also has a French passport. Before we married, my husband moved to the UK in March 2008 and has been exercising EEA free-movement rights ever since. He has not yet applied for PR. I moved to the UK to live with him in Sept., 2008 on a working holiday Visa, and started working in the UK a few days later. In Sept., 2009, my husband and I got married in the UK and in Oct., 2009 I received my 5 year document resident card. This will expire in Oct., 2014.

Next month marks 5 years I've been living and working in the UK but only four years that my husband and I have been married. Can I still apply for ILR next month (using the EEA4 form), even if, technically, I've only been a family member of an EEA national for 4 years? I'd like to apply for ILR as soon as possible because I'm worried about what will happen once my resident documentation expires in Oct 2014. Will my employer be able to fire me? They make Visa checks on a yearly basis. Also, I'm starting to look for a new job and I'm worried potential employers will be put off by the fact that my residence card has an expiry date. Any advice would be appreciated.


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## Joppa (Sep 7, 2009)

You should be able to apply for permanent residence on form EEA4 in September, provided you have been living with him for 5 years and during that time he has been continually exercising treaty rights. The fact you have only been on your residence card for 4 years is immaterial. It's your husband's exercising treaty rights that's crucial.


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