EEA National Full-time mother

[HAYU]

Hello Everybody

I am an Indian citizen, I am married to a Romanian citizen for 12 years and have 2 kids. My wife got her ILR in 2008 before they joined EU.

I am on 5 years Resident Permint as a family member of EEA National which is expiring next month. I started working after I got visa and my wife had to stop working and became full time mother as my younger son was 4 and my elder son was 6, my wife did not work since and only I have been working. Now my kids are 9 and 11 years old.

If I apply for PR, will they take into consideration that she was full time mother? Or I have to apply for extension for 5 years with my wife taking up job.

Many thanks

[Obie]

What was she doing in the UK before she got ILR. Did she ever work?

[HAYU]

Thanks Obie for responding!

She was working. She stopped working in 2013 after I got visa to look after kids as 1 was about to start part time nursery and elder one in year 1.

[Obie]

She worked between what period to what period?

Did you have Comprehensive Sickness insurance at anything during this period?

[HAYU]

She worked until end of 2008 when she was heavily pregnant with the 2nd child. She started work again in 2011.

She doesn't have record of any long term sickness.

[Richard W]

Your wife may have obtained permanent residence by working for 5 years continuously before Romania joined the EU. If she did, she would have acquired it as soon as Romania joined the EU. Therefore, it would be helpful to know her entire demonstrable work record in the UK.

[HAYU]

Hello Richard

Thank you for responding!

She was granted 'Indefinite leave to remain' after continuously working for more than 5 years.

Is ILR same as PR?

[Richard W]

She was granted 'Indefinite leave to remain' after continuously working for more than 5 years.

Is ILR same as PR?

No, it isn't. I've a strong suspicion that she actually has a confirmation of permanent residence (under the EEA regulations), i.e. a 'Document Certifying Permanent Residence', rather than Indefinite Leave to Remain. What does she have as evidence of her status? What does it say? Romania joined the EU on 1st January 2007, so if she was declared to have a certain status in 2008, it could very well be that that status was permanent residence rather than ILR.

Even if what she has is indeed ILR, it seems that she has in fact also achieved permanent residence, which is far more useful for you. You would then also have achieved permanent residence if you have been living in the UK for the past 5 years.

[HAYU]

My apologies!

It was in July 2006 when she got her indefinite leave to remain, six months before Romania joins EU.

Kind Regards

[Obie]

My apologies!

It was in July 2006 when she got her indefinite leave to remain, six months before Romania joins EU.

Kind Regards

I very much thought so. A Romanian citizen could not have been issued ILR after 01_01_2007.

[HAYU]

Hi

So does that mean I only have option to apply for 5 years Residents Permit same as the one I currently have? Or any chance of applying for PR.

Many Thanks

[Richard W]

So does that mean I only have option to apply for 5 years Residents Permit same as the one I currently have? Or any chance of applying for PR.

As your wife is not a 'qualified person', you only have a right to reside under the EEA Regulations or Directive 2004/38/EC if she has already achieved permanent residence. So please tell us your wife's work history in the UK. It is also possible that she may have accrued time to acquire permanent residence as the family member of someone who was then an EEA national or subsequently became one.

If your wife does not have permanent residence, there are two ways for her to become a 'qualified person'. She could obtain work, or, if you two might have enough capital saved that you would be ineligible for means-tested benefits even if you were British, you could take out CSI for her and yourself. That would make her self-sufficient. I am assuming that your children were born in the UK after your wife acquired ILR and are therefore British. If they are not British, the CSI must also cover them.

Once you are working as permitted under the EEA regulations, you may be earning enough that she can be made self-sufficient on the basis of your earnings. At present, if your wife does not have permanent residence, your earnings from employment are unlawful; indeed, they are the proceeds of crime.

If your wife has permanent residence, then you also have permanent residence, and you would need to apply for a permanent residence card so that you may keep your job.