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Dutch wife has not exercised treaty rights.
Posted: Wed May 25, 2016 11:44 pm
by vabli
HI, I am an Indian citizen married to a Dutch National and living in UK from last 6 years. I was due to apply for permanent residence after 5 year of my residence with my spouse in UK but then stopped. Because my Dutch national wife did not continuously worked for 5 years, therefore, I applied for 5 years EEA residence card again. My wife has worked for 1-1/2 years and then she didn't work for 3 years because our baby was too small so one person had to be with him. Now my wife is working from last 2 years. I have been working all my life in UK. Is there any chance I can apply for the permanent residence right now? I will be very much thankful for this kind assistance.
Regards
Jay
Re: Dutch wife has not exercised treaty rights.
Posted: Wed May 25, 2016 11:49 pm
by noajthan
vabli wrote:HI, I am an Indian citizen married to a Dutch National and living in UK from last 6 years. I was due to apply for permanent residence after 5 year of my residence with my spouse in UK but then stopped. Because my Dutch national wife did not continuously worked for 5 years, therefore, I applied for 5 years EEA residence card again. My wife has worked for 1-1/2 years and then she didn't work for 3 years because our baby was too small so one person had to be with him. Now my wife is working from last 2 years. I have been working all my life in UK. Is there any chance I can apply for the permanent residence right now? I will be very much thankful for this kind assistance.
Regards
Jay
Your spouse/sponsor is the one who needs to have been exercising treaty rights continuously for 5 years in order for both you and her to acquire PR.
Was your wife a self-sufficient person (with CSI in place) when she stopped work?
If so she may have acquired PR.
If not, you cannot apply for confirmation of PR just now as (based on your stated circumstances and assuming spouse was not self-sufficient) you have not yet acquired PR.