khubaib wrote: ↑Wed Aug 30, 2017 8:11 pm
hello,
everyone can please anyone answer my few questions regarding my wife ilr which is due in feb 18
in 2013 after got eu family permit my wife have to moved back home for 1 and half year i came back after 8 months and starts working again and my wife came sept 2014 we have three kids they all eu national like me
we claim chb hb and child tax credit i work full time and my wife house wife is she required to do English language test and life in the uk we required to show 18600 for her visa and can she apply for ilr as she was out of country 1 and half year in 2013 and 2014 ?
any help many thanks
Your wife does not appear to have a settlement visa. What she appears to have is a the residence card of a family member of an EEA national. (A family permit is only valid for 6 months.) If your wife had not left the UK for a year and a half, she would, if you have been in continuous employment, eligible for leave to remain in 2018. However, as she was absent for over a year, here residence prior to September 2014 is irrelevant. When her residence card expires in 2018, under current law, she will need to apply for a new residence card. If the current laws remain in force (which is unlikely), she would achieve
permanent residence under the EEA regulations.
It is quite likely that you, she and the three children will apply for leave to remain in 2018 on the basis of your being a resident EU national. Her leave will be limited leave. As you were absent for 8 months, it is likely that yours too will be limited. Any of your children who have never been outside the UK will not, strictly speaking, need leave to remain.
The English language test, Life in the UK and demonstrating income of £18,600 would be needed if your wife did have a settlement visa and was proposing to use it in instead of the EEA route.
