Help: EEA spouse needing to apply for ILR

No doubt this has been answered before, but I'm having trouble finding the answer, so any help is greatly appreciated!

My wife's Italian, I received my Residence Permit coming up on 5 years ago, so it's time to apply for my ILR.

Very basic question: which form? I find the UKBA site confusing on this issue, so if someone could point me in the right direction that'd be tremendously helpful. 

Many thanks,


Jason

If you have an EEA Residence Permit, you don't need to apply for ILR (ILR is only for people using the UK immigration route, not the EEA route)... you just become a permanent resident automatically after 5 years.

From the UKBA website (http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/):

Types of residence document

If you are the non-European family member of an EEA or Swiss national, and you have come to the UK with them, you can apply for a residence card. This is a document which confirms your right of residence under European law. Your residence card may take the form of an endorsement in your passport (also called a 'vignette'), or it may be a separate document called an 'immigration status document'. A residence card is normally valid for 5 years from the date when it is issued.

When you have lived here for a continuous period of 5 years with the EEA or Swiss national (who must have been in employment, self-employment, studying or self-sufficient in the UK throughout the 5 years), you can apply for confirmation of your right to permanent residence in the UK.

If you wish to apply for confirmation of your permanent residence, you can do so for free using the EEA4 application form on this webpage: http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/applying/

(It's optional, but it's a good idea to apply for it so that you have proof of your permanent residence in the UK).

I'll reach 5 years residence under EEA rules later this year as well. Would I be able to apply for citizenship or do I need to be a permanent resident for a year before applying?

I remember reading on UKBA that one year permanent residence was required before applying for citizenship, but can't find section again. Have the rules changed?

I'll reach 5 years residence under EEA rules later this year as well. Would I be able to apply for citizenship or do I need to be a permanent resident for a year before applying?

I remember reading on UKBA that one year permanent residence was required before applying for citizenship, but can't find section again. Have the rules changed?

Yes, that is correct - for family members of EEA citizens, it's 5 years to permanent residence, plus another 12 months after that before you can apply for citizenship (so 6 years in total).

From the UKBA website, British Citizenship section (http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/):

European Economic Area nationals and Swiss nationals

If you are a national of a country in the European Economic Area (EEA) or Switzerland, or you are the family member of such a person, you will automatically have permanent residence status if you have exercised EEA free-movement rights in the UK for a continuous five-year period ending on or after 30 April 2006. You do not need to apply for leave to remain. You should have held permanent residence status for 12 months before you apply for naturalisation.

If you have been outside the UK for six months or more in any one of the five years of the residence period, you will have broken your residence. This does not apply if:

    * the absence was due to military service; or
    * all absences were for under 12 months and were for important reasons such as pregnancy, childcare, serious illness, study, vocational training or an overseas posting.

If you leave the UK for a continuous period of two years or more, you will lose your permanent residence status.

If you have indefinite leave to remain (ILR) in the UK, you will be considered to be settled here provided that you have not been away for two years or more since you received ILR.

I'll reach 5 years residence under EEA rules later this year as well. Would I be able to apply for citizenship or do I need to be a permanent resident for a year before applying?

I remember reading on UKBA that one year permanent residence was required before applying for citizenship, but can't find section again. Have the rules changed?

The exception is if your spouse is also a UK citizen. If that's the case, then you can apply as soon as you get permanent residence, because the year rule is waived for spouses of UKCs.