Immigrationboards.com

Hi Everyone

Just wanted a piece of information and I will appreciate if someone can help me.

If a Non-EEA national is married to an EU Citizen (Polish) and has Residence Card for 5 years. The wife has no PR and they have 2 kids, they do not have PR as well. The wife is not working as she looks after the kids and the husband is working for last 5 years. Can the husband apply for PR before the expiry of 5 years residence card? BTW, the kids are Polish as well. Also, the wife and kids, can they apply for PR as well? The wife has been living since 2005 and had worked till 2011.

Thanks for your anticipation cooperation

Whether non-Eu person was working or not is irrelevant. Your status in UK depends on her ONLY.

If she was not working, she can apply as "self-sufficient" (based on your earnings), but in this case she had to pay for health insurance for 5 years, which I suspect she did not.

If she was working for at least 5 years continuously in the past (was she working all the time in 2005-2011?) she probably acquired permanent residence by 2011 (I am not sure, were there any additional provisions in those years, related specifically to polish nationals?).
If she did, she can apply for confirmation of her PR based on working before 2011, and you can apply for PR based on living with her for 5 years after 2011, when she already had PR (and then no need to show that either of you was working)