wife is96 temporary admission-no work, live at X and report.

[wiggsy]

ok, heres the situation,

myself and now wife were together and her visa expired whilst pregnant with our first child. unfortunately. i lost my job, and struggled to afford to support my child and wife. so leaving the country etc to go home and reapply was a problem.

we applied for CTC after a few months... which needed a nino. well long story short... ukba came knocking on my door first thing in the morning... and my (was partner now wife) was issued with an IS96 form.

no work, live at X and report every month.

we had already contacted a solicitor regards immigration, etc, so called them, and they assured us it shouldnt be a problem...

we applied for FLR as an unmarried partner... took nearly a year to get a reply saying it was declined... and there was no right to appeal (which obviouly, there should always be = high court etc, but we took it as face value)

reasons being:
over staying
i can move to her country
and few other things (if its important i can find the letter out)

anyway.
we got married again, and informed UKBA of changes in circs when she reported, and the lady said considering our situation an application for sposal visa shouldnt be any problem and is pretty much a dead cert. (so another fee down, and no go.)

long story i know, but...
i really wouldnt survive in her country, i cant stand our summers if its hot...

but where do we stand for her on a visa etc now?

1) ... we have been told that ukba wont attempt to remove her because of family life etc and they never attempt to split a family because its pretty much guarenteed to fail at court under human rights...
but considering our dead cert spousal visa was declined. im worried about this...

I claim CB, CTC, WTC and I work but only for min wage - jobs are scarce and you cant be too picky..

2) her IS96 says she is not allowed to work without written permission.

how likely is she to get this written permission? how would we go about it?
my employer would happily employ her, as well as no end of friends who have shops etc.

3) if she leaves voluntary, would any future application be refused automatically, etc?

4) We have been advised that once our child turns 7 then to reapply for a sposal visa and not for her to go home as it would mean she cant get back into the country...

im unsure as to whether the person who told me this was thinking our child is not british (she is and holds a british passport)

if this info is correct, how would this work?

5) is an IS96 considered as being in the country legally, despite initially being an illegal overstayer?

- if so, would the waiting for 10 years from issue of first IS96 form be valid for an ILR or ?

6) reporting to thee UKBA office costs quite a bit in train fare... its only monthly, but we struggle to get by as it is. is there any help towards travel costs... or are there any ways to get out of reporting quite so often...

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

suggests that reporting is only required when there is a risk of absconding. the fact that we have a family life, and live together ETC suggests this risk is not there. Also the fact that we have moved home twice since the first IS96 and always kept them informed as the change happened...

the same document also suggests that monthly reporting is the most they can expect? there are some of the others in our same sort of situation who only have to report every 3/4 months ?

im sorry its a long post, and i hope its in the right place...

[Obie]

This is quite a long post.

Please break it down.

What is your nationality? are you british or someone with a settled status in the UK?

When was your last application?

Did you pursue a JR against the refusal of application without right of appeal?

Has the child being born?

What is the nationality of the child?

How long has your partner been in the UK?

Did she try to regularise her status at any time after the expiry of her visa?

[wiggsy]

sorry

i am british (born here, parents, gp, well, going back as long as you could think)

last application was about a year - 18 months ago.

we didnt JR. didnt know about how to proceed. (couldnt afford solicitor fees, and was advised against using legal aid)

our first visa app was about 3 years ago. but took months to get a reply...

child is almost 4 years old now. - infact have second child together.

try to regularise status... two visa applications? or do you mean something else?

the thing is, we dont want to claim benefits etc... all we want is to be able to live as a proper couple and EARN a living to support our family.

TBF even claiming CTC /wtc i dont like because it means we are reliant on handouts still. I wish that i could get more hours, but with work pattern its impossible to find a job to do in addition to ETC...

childcare isnt an issue - family etc in area but the fact wife cant work... its not "fair on her"... shes basically stuck at home all the time with the kids. she would like to be able to do a job for a break ETC. (i do look after kids, take them to park etc, but hopefully you understand how work is "a change" which can be enjoyable?)

[Obie]

I believe the decision is pretty much absurd.

Making her report is also disgusting in my view.

The problem is, no immigration decision was made, so there is no appeal.

if there was a removal directions, then there will be a right of appeal.

You will not be able to meet the conditions of the immigration rules, as your earning every year may not be as high as £18,600.

Your children are not 7 years old yet, so she will not be able to apply on the basis of your child.

You could try a Zambrano application, as children at their age, will certainly need their mother in their life.
The fact you are the father, and in a subsisting relationship with the mother may have an effect on such application, but it is worth a try.

I wish you all the best mate.

I don't agree that applying for legal aid will have an effect on the success of an application.

[wiggsy]

ok.
a Zambrano application is?

we went to three different solicitors and they all said the same thing: if we cant afford a solicitor and need legal aid, it doesnt go down well for the application.

the problem is. my earnings are less than 18600. but if she had the right to work, we would both work (i work nights, and she can easily find jobs during the day... - my employer would employ her etc on different shifts to me too)

When she had our second child, they made her report the same month she was due to give birth. and then (despite being due on 20th or around that) they said come back on the next month. This was absolute bollocks. I called them up and they refused to speak to me, I told her to tell them: "there is no way in hell she is taking a new born baby out all day to go report"

I find it disgusting the whole system... You would think they would happily allow her to work, etc considering it would mean a family supported by their family etc.

Would you have any advice RE: working whilst on an IS96 and the fact she is made to report every month?

We were told by our solicitor that UKBA would not attempt to remove because appeal would mean they would fail (due to article 8 of the HRA)

when my child is 7, how would she apply on the basis of a child? - how does the act child is 7 effect anything if it doesnt effect when child is 3?

the Zambrano appliction: the fact that I am in a subsisting relationship will have an effect? negative? or?
should my wife be "removed" from the country. It would mean that I would essentially be a "single father" and "unable to work suitable hours" to support us... (i work full time hours now, and its a struggle... imagine childcare too, or cut hours...) (although my wife wouldnt leave without her children... UKBA cannot forcibly remove british citizens - the children - and they surely cannot seperate children from their father?)

[wiggsy]

ahh...

so:
http://www.freemovement.org.uk/2012/06/ ... plication/

9. … In order for an applicant/appellant to demonstrate that they are a potential beneficiary within this category then the following criteria need to be met:
•there is evidence that the child is under the age of 18, and
•there is evidence that the child is a British citizen, and
•there is evidence of a relationship between the child and the parent/guardian/carer, and
•there is evidence of the child’s dependency on the third country national 
parent/guardian/carer (care responsibilities, court orders are examples)

10. In cases where there is another parent/guardian/carer upon whom the child is, or can become, dependent then this would fall out of scope. This is because removal of the third country national in such circumstances would not oblige the child to leave the EU because an alternative carer is available.

rule 10: does this mean that my wifes claim for this zambrano would fail?

This also gives me a chance to make some further comment on the guidance.
•Neither the British citizen nor the foreign national need be a child – UKBA is applying Zambrano in spouse cases as well as children cases, as long as ‘adequate evidence of dependency’ is presented (whatever that means)
•Applications should be made on an EEA2 (see here for confirmation)
•Between March 2011 and June 2011, UKBA received 98 applications based on Zambrano (see here for source)
•New applications from 11 September 2011 onwards will not be decided but will be acknowledged by UKBA. The acknowledgement letter will permit the applicant to work in the meantime, and a decision will only be made on an application once the EEA regulations have been amended, which will occur at the earliest towards the end of 2011.

however: it might be worth applying, as she will have an acknowledgement letter: which will allow her to work - and gain a proper NI number ETC. correct?

however, our second child is only 6 months old, obviously ALL healthcare professionals state that babies should be breastfed (breast is best ETC) - a father cannot do this... so would this mean that if my wife left the country it would essentially mean HE would need to leave too. therefore rule 10 not coming into it... as i couldnt provide the same level of dependancy as my wife can.

also, would you be able to aid me in filling in this form... it seems a little tricky.

- would it be best to post it, or to take it to the reporting centre next time she goes?

- is there a chance that completing this form might make UKBA "move" on removal?


criminal offences...

the only time my wife has been "arrested" was by UKBA. has she commited criminal offences? (overstayed etc)
she has never commited a crime etc - other than overstaying...


- also, im assuming it would be better to base this zambrano application on our son, considering he would need his mother more than our daughter?

cheers

[Obie]

Well legal aid is not really public fund. It is an entitlement for people with limited fund. It will not affect your application if you are entitled to it.

I am absolutely livid with the way UKBA has treated you and your wife and feel a JR is the best way to proceed.

I agree the reporting is bullocks. They should not have her on it in the first place and i am sure if she cease signing, they will not do anything.

Challenge them to detain her instead, as reporting is an alternate to detention, and you can only detain someone if their removal is imminent, and if they proceed with removal action she will have a right of appeal, which there is a good prospect of success in. This is the reason why they will be a lame dog is she cease from signing. But i will not advice her to do that.

I believe Zambrano should succeed. They will argue that you can look after the kid, but the question of whether that is in there best interest will certainly come up. It is worth a try.

I really understand the pain and anguish you are facing. It is getting me a bit emotional.

The only courage you can take is that you are with your family. There are lots of family with children that have been seperated in these circumstances.

[wiggsy]

well if my wife needed to leave the country, i would go with her... I wouldnt allow her to be seperate from her kids. and I wouldnt want to be seperated either... but just searching on this Zambrano...

There is no fee applicable to applications submitted to the European
casework team on the basis of Ruiz Zambrano. This includes those
applications which were submitted before 19th September. If a person
wishes to resubmit an application again, therefore, in accordance with
the interim position, then they can do so free of charge.

Regards

Serena Bryant
Policy Manager
Nationality and European Policy Team
North West Region
UK Border Agency

nothing to loose... everything to gain.

I am shocked that our solicitor never mentioned this to us??? - lot of use they are for their money...


But i agree about challenging them... The attitude the staff use in the reporting centre is disgusting... When my wife was pregnant she could hardly walk (it really effected her)

When she came out (they wont allow me to go in because i havent been "invited" lol!) i went in and told them she wouldnt be coming the next month - if theres a problem they can feel free to come to my house.... to which i was told i needed to leave... so i told them i wanted to speak to a manager... etc... the manager came out to me with a letter excusing her from signing for two months. - so like you say, if she didnt sign i doubt they will do anything.

but its all the what ifs etc...

we will get this zambrano in the post tomorrow (the only fees being passport photos etc)

How do we stand with the fact that her passport is with UKBA?

we dont know any of the details on it...

Also.

The form asks for "your full name as in your passport or ID card"

then "surname as in passport"

my wifes name changed when we got married.

do we put her maiden name (which is in her passport) or her married name (her current name - as she is know to tax credits / the bank ETC with)

do we sent a copy of our marriage cert?

also where do i complete that my baby son is british and thats why EEA national should be left in uk etc? - section six is if he works. 7 for if self employed, 8 student 9 jobseeker... no baby?

or is completing his details as british and that he is a british citizen good enough (section 3)

[wiggsy]

noticed also, her passport expires at the end of janurary - although UKBA have it.

What happens once that happens...

- gotta say though, this form isnt clear - i am very fluant in english (being english - although I do type a little funky... )
But I am having trouble completing this form.

Also, the wording is designed to mislead the person completing the form:

Two recent identical colour passport-size photographs of yourself with your name written on the back of each one.

Why not simply say with your name written on the back of them both. - Im sure many people who's primary language isnt english would simply write their name on the back of one.

Also. Will the IS96 form be valid ID. We cant supply the passport as the passport is with UKBA. But she has no other valid ID (well nothing a bank accepts ) So what is considered as acceptable ID?

- ahh well, time for bed. its half three

cheers for all the help though so far - Even i this is a short fix. I believe this will help us loads...

Out of interest though... Will this Zambrano mean that wife can leave and enter UK as she wishes... - will it give her the same right to go to say france, as myself, son and daughter? or would she need a visa still?

[Greenie]

If you are entitled to legal aid then i would strongly suggest you seek advice from an immigration solicitor who can provide legal aid.

Obie has stated above that your wife cannot make an application on the basis of your children until they are 7 but this is incorrect as the children are British. She could therefore apply for leave to remain as your partner and rely on para EX.1 in order to be exempt from the new financial requirement and on the immigration status requirement of the appendix FM.

I also think it is misguided to advise someone cease reporting in an attempt to dare ukba to start removal proceedings.

As suggested please seek advice from a legally aided solicitor on your wife's Options.

[Obie]

Well i would like to thank you for bringing the alternative to resident in the UK for 7 years, which i had not referred to prior to posting this.

I have to bring to your attention that those policies are discretionary, and provides no mandatory exemption. Languages such as "unreasonable to except the children to relocate" and "insurmantable obstacle to the partner relocating" are used. These are vague terms which are subject to individual judgement. We all know how UKBA usually exercise these judgement.

The OP's wife has already had several rejection on the basis that it will not be unreasonable for him and his wife to move to a third country.

I am of the view that these factors are mostly examined and applied during the proportionality assessment at time of removal.


So far OPs wife has not been issued with a removal direction, so it is difficult to unertake these proportionality assessment by the court when there is no removal direction or right of appeal.

If you read my post carefully, you would have noted that i advised the OP that his wife should not do this. To say i was giving a misguided advice is quite wrong.

This is a heavily pregnant woman, for whom the UKBA has no intention of making a remival direction against. This person has been put on an indefinite signing restriction. These restriction are for people who are on deportation order, are subject to immigration control, their removal is imminent. The reporting is alternative to detention. To challenge UKBA to detain you instead of making you report is not really a bad idea. For reasons i already discussed.

I will not put up with that restriction on my spouse. The point is i did not advice OP to get his wife to do that. To the contrary.

[MPH80]

Obie - just to be clear - the woman WAS pregnant.

Baby is now 6 months old.

[Greenie]

She is not pregnant, the baby is 6 months old. She should not have been reporting when she was heavily pregnant- she was entitled to request the reporting ceased 6 weeks before her due date and after the birth. I don't agree that the law does not permit her to be subject to reporting conditions, as she is an overstayer and therefore a person liable to detention, and thus can be subject to reporting conditions.
I don't think you 'getting emotional 'is particularly helpful.

We don't know the full reasons for refusal of the previous applications but on the facts given it appears wrong that DL was not granted. The op and his wife need to seek legal advice from a solicitor who can provide legal aid.

Challenging the ukba to detain her is misguided. I disagree that there would be no adverse consequences hould she fail to report which is what you suggested
I am aware that there is still a discretionary elements to ex.1 and did not suggest otherwise.

[wiggsy]

I did understand that its best to consult legal advice before stopping signing.

@greenie.

Im not sure if the applications would of been treated with such in mind already. We had to make statements etc and made it clear that due to asthma etc I wouldnt survive in a hot country. and my daughter also has it. - hot dry weather is not good for our condition. - although, like i said UKBA ASSUMED my daughter was not british - despite the fact that I am her father )on birth cert) makes her british - with or without a passport.

so i guess we were advised wrongly (as i thought) about needing to wait until 7 years old for wife to apply on basis of child? (solicitors eh)


also, I assume that the following is best for this:

complete the application form as my son is the dependant...

then complete a covering letter explaining should my wife be sent home:
1) my very young son would not be cared for as any healthcare professional would advise (breast feeding ETC)
2) my daughters education (currently in nursery) would suffer
3) I would have to seriously readjust my working conditions (and most likely give up work) so as to be able to care for my children - thus removing my right as a UK Citizen (EEA National) to work also.
- this would increase our state welfare bill. etc...

whereas - if wife was allowed to remain in the uk, and help subsidise children (as both parents are responsible for a child - not just one) then this would REMOVE our need for state welfare (CTC / WTC ETC)

- is it just me that sees that allowing my wife (and other people in the same situation) the right to live and work in the uk as a BEST COURSE OF ACTION in the interests of the british public (and tax payer ETC).
- obviously she wont be entitled to claim because would have a no recourse to public funds attached.
(well, with the exception of current wtc/ctc and contribution based ESA / SSP / SMP (although we wont have more children) / JSA

[wiggsy]

She is not pregnant, the baby is 6 months old. She should not have been reporting when she was heavily pregnant- she was entitled to request the reporting ceased 6 weeks before her due date and after the birth. I don't agree that the law does not permit her to be subject to reporting conditions, as she is an overstayer and therefore a person liable to detention, and thus can be subject to reporting conditions.
I don't think you 'getting emotional 'is particularly helpful.

We don't know the full reasons for refusal of the previous applications but on the facts given it appears wrong that DL was not granted. The op and his wife need to seek legal advice from a solicitor who can provide legal aid.

Challenging the ukba to detain her is misguided. I disagree that there would be no adverse consequences hould she fail to report which is what you suggested
I am aware that there is still a discretionary elements to ex.1 and did not suggest otherwise.

We never applied for DL. or did our application automatically apply for it?

[Obie]

Well, this thread was not opened to engage in a debate with you or anyone else for that matter. I will not allow this thread to go out of topic. It is opend to assist OP. I previously thought a child has to be seven regardless of nationality for their parents to qualify, and you drew to my attention the exemption for British Citizen child. I found it helpful. However the OP's wife has already had rejection on the basis that there is no insurmountable obstacle to him moving to his wife's country, and that it is not unreasonable for the child to move with her mother to her home country. In those circumstances, it is difficult how she will qualify under those exemption.

We have a situation where UKBA has refused residency on purely erronous basis, which they know cannot hold up to Judicial Scrutinity, and they have refused the OP and his wife their right to have their day in court.

OP stated that in the month preceding the birth of their child, his wife was told to report, and that immediately on the arrival of their child she was told to do the same, until he insisted this will not happen. If you don't see that as unacceptable in any way, well that is fine.

You have alleged i advised OP that his wife should not sign. That is not true as i never suggested any of the sort. To the contrary.
However, i will not personally make my wife sign, then again that is me. I have spend my whole life fighting UKBA on a personal and professional capacity, but i will not advice anyone to do so, unless they are able to fight a relentless fight.

OP, has been to many legal rep, and there is no solution to the problem. This has costed him a lots of money. I have advised that legal aid will not act as a barrier to her application. The only barrier to his wife's application is the unreasonable UKBA, as far as i am concerned.

I have further adviced that applying under the Immigration Rules is a waste of further time and money, as it has not reaped any dividened when the rules were less strigent, i am unable to see much when they are so over burdensome. The option is open for him to make a Zambrano application, as the 6 months Child will not be able to reside in the UK without the mother. Requiring the mother to live will result in the child having to live too, which will engage Zambrano. Article 7, and 24 of the charter will be engaged as well as section 5 of the UKBA act 2007. They are suppose to exercise their powers, with proper consideration given to these factors.

That is the situation. Again we are not here to score points. We are simply seeking to assist OP. If you have a solution that you think is helpful then share it, and hopefully it will be successful. If your views are contrary to mine, fine. We live in a democratic country.

Please, i will appreciate if this thread is centred on the OP purely and not on Obie. If you have any issues with me, then open a seperate thread, or send me a PM, and if i have time i will respond appropriately.

[wiggsy]

I am very appriciative with your responses.

The option is open for him to make a Zambrano application, as the 6 months Child will not be able to reside in the UK without the mother. Requiring the mother to live will result in the child having to live too, which will engage Zambrano. Article 7, and 24 of the charter will be engaged as well as section 5 of the UKBA act 2007. They are suppose to exercise their powers, with proper consideration given to these factors.

what exactly does these sections state.

we are writing a letter to explain that (although the form only allows for one "dependant" my wifes removal has effects on three british citizens - my 2 children and myself.

she is the primary carer for both children. - i am in min wage employment and if my wife was to leave the country it would mean more recourse to public funds myself (whilst i am "entitled" under legislation - i personally do not wish to live a life based on the need to financial support from the tax payer).

We are also stating that she has lived in the country for 3 1/2 years on an IS96 form where she has reported every month. We have moved and notified a change of address ASAP ETC. Our children are connected to the local area for school etc.

and that we do not see how an IS 96 form is relevant and helpful to anybody involved hindering my wifes ability to work and support our family also - therefore we rely on CTC/WTC to live.
obviously if she worked our CTC/WTC would reduce with our income ETC.

Also, on a note of the IS96.

My wife is told to report every 1st thursday. this sometimes results in reporting being less than a month apart... - surely this should change? - the IS96 states "on the X of the month" yet they crossed out that and handwrote "on the first thursday of each month"

We have gone through documents and her copy of passport is certified byUKBA (our first solicitor told them the my wife needed a copy of the passport for financial (banking) purposes so as to prove identification to the banks. (although banks do not accept it as proof of ID)

[Obie]

Due to the complexity of the Zambrano application, i will advice that you seek legal advice before proceeding. As i stated earlier, seeking legal aid will not have an adverse effect on your application. It will even assist should you require to proceed with JR later on.

Again, i sympathise with your situation and i wish you and your wife all the best for the future.

[wiggsy]

cheers.will call a couple of solicitors up and see what they can do.

From further reading I see some people recieving replies stating "Zambrano does not apply in your circumstances, and therefore your application is invalid"

which would not allow the right of JR as no imigration decision was made, etc.

[wiggsy]

called up a solicitor and they have a drop in session tomorrow.

- they said to bring the EEA2 form completed, anything relating to case. etc. had quite a chat over the phone, but they are confident that they can help get us the right of my wife to work. (I qualify for legal aid - but this is most likely going to progress on the "legal help" scheme.)

but they assured me that writing a letter was the best move, and that they never simply send an application form.
but told me not to send anything until they had seen it, as it could block our route on EEA2 if they say that our case is "invalid" etc (no JR, and no reapplication)

im hoping now. (i thought that the guy was the same solicitor we had been to before, but its a different firm in the building next door...)

he also assured me that getting legal aid would not cause problems (apparently firms charge more privately than via legal aid, and its illegal for them to attempt a private application if somebody qualifies for legal aid anyway? - is this true?

any way, we will take our forms etc tomorrow, and get back with what we are told. (hopefully all will go well - on average applications are coming back in 3-4 months he said)

[wpilr_nov12]

When you are dealing with solicitors, make sure to check their credentials too. Some are simply OISC registered Immigration advisors, in solicitors disguise.

[Obie]

called up a solicitor and they have a drop in session tomorrow.

- they said to bring the EEA2 form completed, anything relating to case. etc. had quite a chat over the phone, but they are confident that they can help get us the right of my wife to work. (I qualify for legal aid - but this is most likely going to progress on the "legal help" scheme.)

but they assured me that writing a letter was the best move, and that they never simply send an application form.
but told me not to send anything until they had seen it, as it could block our route on EEA2 if they say that our case is "invalid" etc (no JR, and no reapplication)

im hoping now. (i thought that the guy was the same solicitor we had been to before, but its a different firm in the building next door...)

he also assured me that getting legal aid would not cause problems (apparently firms charge more privately than via legal aid, and its illegal for them to attempt a private application if somebody qualifies for legal aid anyway? - is this true?

any way, we will take our forms etc tomorrow, and get back with what we are told. (hopefully all will go well - on average applications are coming back in 3-4 months he said)

I wished you all the best. Please give us a feedback as this is an issue i feel strongly about.

Please note that for application under Zambrano, there is a new form called form DRF1 which is used at present, but yet to be published. To speed things up, rather than having them send a new form to fill and having to incurr further cost, it may be best to fill in This form

Also, this guidance contain all the information you will need, study it and ask questions on anything you are unclear about.

[wiggsy]

glad i signed in now thanks for this.

will print it and take to solicitors tomorrow.

kinda sad really, considering that the EEA2 form was only published in Dec 2012. just one month and its no longer valid? lol. - talk about their hoops and jumping straight past them

it doesnt really look like this new form has any different info though - but only had a quick glance.

The impact of a mental or physical disability. Whether or not either party
has a mental or physical disability, a move to another country may involve
a normal period of hardship as the person adjusts to their new
surroundings. But a physical or mental disability could in some
circumstances mean that the degree of hardship which would be
experienced by the person would be unreasonable to the extent that it
amounts to an insurmountable obstacle.

Im guessing the fact that I have a physical disability should go in our favour too? - not to mention asthma ETC.

- might be a good idea to get Dr to write a letter in regards to my health condition too I guess?

[wiggsy]

you know,

this is a long read... but: this directive that zambrano is based upon is a very big thing...

it gives LOTS of rights to my wife... such as recourse to public funds ETC?
- is this why tax credits as a joint claim isnt considered as public funds.

i remember only ever claiming a single persons rate when i was unfortunate to have to claim JSA... if i need to claim IS / jsa/esa now we are married..., then i would get paid a couples allowance? correct or?
- after all, the directive gives my wife the same priviledges as any local citizen? correct?
- she doesnt even need to hold the registration card for this directive to come into force either - so surely the fact that UKBA state that my wife needs to sign ETC/ cannot work, is a direct breach of this directive?

- she is a family member of an EEA national? - therefore has full rights to work etc considering they have had a copy of our marriage cert etc.

out of interest - im considering this is another reason why they wont attempt to remove my wife from the country? - it would voilate the directive of freedom of movement for an EEA nationals family member

also, does this also mean that once my wife reaches 5 years residency in the uk (less than a year to go) then she will get PR. or will it be 5 years from the date of birth of our daughter (and therefore having an EEA family member? - considering our daughter was born before marriage)

[Obie]

I think you are reading too much into things. Forget about the family member of an EEA national thing. You are are British Citizen who has always lived in the UK. You and your wife have never lived in an EU country, where you worked or was self-employed. You are therefore not an EEA nation for the purpose of EU law.

EU law does not usually apply to British Citizen living in their home country, save for few exeptional circumstances.