imigration status

[fouzi]

hi,
i am irish citizen, and my wife is algerian, i have been living in the uk since 1993 and i have applied in 2006 for indefinite as an eea member. we got married in 2006 in algeria where she was issued a visa to enter uk , when we arrived we applied for a 5 year stamp so she can stay legally in uk, the 5 year stamp will expire this july 2011.(we have 2 kids who are british). i phoned the ukba and they have told me that she will not be able to apply for indefinite leave to remain under european law as i have been made redundant since 2008, and unemployed since. i need some help, suggestions, advice and would like to know what can we do to solve this issue and find a different way perhaps to sort out this nightmare.



cheers

[Kitty]

Can you be clearer about the nature of your applications?

When you applied in 2006, did you apply for (and obtain) ILR or Permanent Residence?

What clearance did your wife obtain to enter the uk? Was it a Family Permit?

My initial thought is that if you have Permanent Residence under EU law, then it should not matter if you were out of work: having Permanent Residence alone would count as living in the UK "in accordance with" the relevant Regulations.

However, there may be a better answer to your situation from a more expert board member. If you supply a bit of extra information, I am sure you will get more help

[fouzi]

hi kitty,
thanks for your reply, well in 2006 i was given the permanent residence as an irish citizen living in the uk

with regards to my wife case , she had a visa for 6 months to enter the uk as my wife( visa as eea family member).
the problem we are having is the ukba ( uk border agency) is refusing to renew her 5 year stamp/residency. and they are even refusing to give the indefinite leave to remain, because of me been unemployed. which means at the end of her current 5 year stamp which the expiry date is july 2011 she will have to leave the uk otherwise she will be illegal immigrant with 2 british kids, is this really legal????

cheers.

[Kitty]

Your wife is the family member of an EEA national with permanent right of residence.

When she has been in the country for 5 years, and you have had PR during all that time, then she will also acquire PR.

Regulation 15 of the Immigraiton (European Economic Area) Regulations 2006 says:

Permanent right of residence
15.—(1) The following persons shall acquire the right to reside in the United Kingdom permanently—

...(b)a family member of an EEA national who is not himself an EEA national but who has resided in the United Kingdom with the EEA national in accordance with these Regulations for a continuous period of five years;

That's your wife. Has she been living in the UK "in accordance with these Regulations"? Look:

Extended right of residence
14....

(2) A family member of a qualified person residing in the United Kingdom under paragraph (1) or of an EEA national with a permanent right of residence under regulation 15 is entitled to reside in the United Kingdom for so long as he remains the family member of the qualified person or EEA national.

It's not necessary for the EEA national to be a "qualified person" (e.g. a worker) if you have PR.

[fouzi]

hi,

thanks for the info i will give uk border agency a call again and take it from there, and see what they have to say. i want to thank you for the replu,

best regards.