Residence Card of a Family Member of an EEA National is due to expire.

[jimelson]

Hello all,

I wanted to hear your advice on something as it's very difficult following the information provided on .gov website.

The situation is that my wife (Ukranian National) currently holds a "Residence Card of a Family Member of an EEA National" visa that was given to her for 5 years due her Mother being a polish national living in the UK. This visa is due to expire very soon in her Ukranian passport.

I am a Brtisih Citizen and hold British passport.

We have been married for a year and of course our plan is to remain in the UK.

What are our options, what visa should we be applying for her? Obviously she is an adult now and her circumstances have changed to being depended on her mother (Polish) to being depended on me (British).

I would be grateful for any advice that you can offer!

Many thanks in advance.

[Mugen]

If her mother was exercising treaty rights in UK during those 5 years and she can get evidence of dependency then your wife may be eligible to apply for PR. If not than probably UK route immigration - £18600, family visa then ILR etc.
Just my thoughts.

[Obie]

How old was she when she came to the UK, was her mother working all through her time in the UK?

[jimelson]

Thanks both for your replies.

@Mugen, What do you mean by exercising treaty rights? And what would be needed to provide an evidence of dependency? Since we've married she became more dependent on me of course. She also worked herself. When you say family visa, you mean spouse one, correct? It should be fine for her to apply for that from the UK? Do you know if it's possible for her to apply for Spouse visa using Express Service (answer being given the same day?)

@Obie She has arrived when she was 17 years old and her mother has indeed worked all through her time in the UK. However at first she arrived on different Family visa that was in her then child' passport...

Many thanks!!

[Mugen]

Working, self-employed. Proof of dependancy is bills for the the same address, maybe money transfers in bank statements. Generally speaking proof of living together.
Yes, spouse visa, valid for 2.5 years. My ukrainian friend has one at the moment.
Obviously eu route will be cheaper for you both. Just read PR guidance if you have all necessary docs.

[Obie]

After the age of 21 was she still living with her mother until she turned 22.

[jimelson]

@Mugen, thanks for that! So am I right to understand that it's either she'd need to get an eu residence permit that won't be valid next year or the spouse visa?

@Obie, yes she was.

[Mugen]

She may be eligible for permanent residence card if requirements are met and she has a proof. Proof of 5 continuous years of employment for your mother in law and proof of dependancy for your wife.(i don’t know all circumstances) If not - UK immigration route as a spouse of British Citizen.