Hi Nullah,
I assume you are a non-EEA national, family member of an EEA person (your post does not specify).
Your own status: depending on your wife's past and current circumstances, you either
(1) should apply for permanent residence
-if your wife was a qualified person throughout the 5 years of your residence card validity; or
(2) should apply for residence
-if your wife is currently a qualified person but was not so throughout the entire 5 years
-if your wife has exercised treaty rights for any other consecutive 5 year period regardless of whether her permanent residence has been recognised; or
(3) currently have no claim to either and should take action to establish your wife as a qualified person so that you may apply for residence.
You can find additional information on what a quailed person is throughout this forum or e.g. at
http://www.lawfirmuk.net/euro_e.html, but I suspect that in your case the question will boil down to whether in addition to working (with WRS registration if she is an A8 national) for 4 years and 8 months, your wife was also exercising some other treaty right for an additional 4 months immediately prior or following this period. Was she perhaps seeking work, self-employed, self-sufficient, on maternity leave?
If your wife is not currently a qualified person, she should seek to become one for at least a short while in order to sponsor your application.
Your wife's status:
If your wife was a qualifying person for any consecutive 5 year period, she should apply for recognition of permanent residence. While this is not strictly speaking necessary, it will make any application by you for residence much simpler.
nullah wrote:Hi need some information as my 5 years residence permit is going to finish in 15 dec 2015.
my wife is eea national she worked 4yrs and 8 months. we have two kids. we r taking child benefits child tax credit and housing support. I am working as a self employed and my wife is not working. what measures I should take to apply my visa for extension?
