EEA4 Residence Card

[sphinx]

Hi everyone!

I would be grateful to hear replies about my concern.

I came to the UK for the first time in March 2008 on a family entry visa of an EEA National. However in that same year I had marital problems with my husband, resulting to leaving me in the country with my daughter. He left the country in June 2008, just 3 months after coming to the UK. To make the story short, he came back to the country in February 2009, which means he was absent for 8 months in the UK.
We have turned 5 years last March 2013 and I am about to apply for my Residence Card but I am quite distressed on that 8 month gap which I am aware we exceeded on the 6-month rule.
I am thinking to just wait til next year (February, 2009) to apply for a residence card to complete the 5- continuous years, which means I wont include anymore the months we initially entered the country. I presume counting that 5 years when my husband came back to the country. What is your suggestion/opinion?
Any comments/suggestions are highly appreciated.

[Terpe]

Personally, I'd suggest you wait until March 2014

The logic behind my suggestion is simply because it will avoid you needing to put together compelling reasons for the 8 month gap. Under such conditions it's very difficult to predict just how UKBA will react.

Additionally, don't forget that you are on a 'settlement journey' to British Citizenship. You will be eligible after 1 year permanent residence. So you should avoid doing anything that might jeopardize a subsequent application for that.
Minimise all risks.

Please be patient until then I believe it is the optimum long term strategy for you.

[sphinx]

Thanks very much Terpe!

Yes, that's what I am thinking now. I really count on your opinion!