Wife overstaying

[Eneas]

Hi, my name is Eneas, I am italian national, and I have lived in the UK for the last 6 years, and my wife, she had a 5 year visa, but the visa ended in june, I know it was a silly thing, but we overlooked the visa, and we thought would expires in august, now, do you guys have any idea how can I put things right, without the need of her going back to Brazil, I'm sorry, but I am scared, any help would be very much appreciated...Thanks

EDIT:
She did have a 5 year visa, residence visa, as part of EAA, if I'm right, I'll confirm to you later, she didn't have the card, though. Hope this new info add something to you. Thanks for the quick replies. Also, she was married to me before coming to UK, she arrived in Heathrow on 25/06/2002,

[86ti]

Hi, my name is Eneas, I am italian national, and I have lived in the UK for the last 6 years, and my wife, she had a 5 year visa, but the visa ended in june, I know it was a silly thing, but we overlooked the visa, and we thought would expires in august, now, do you guys have any idea how can I put things right, without the need of her going back to Brazil, I'm sorry, but I am scared, any help would be very much appreciated...Thanks

If you are exercising your treaty rights (do you?) then I don't see the problem. What kind of visa did she have? How long have you been married and how long have you been together in the UK?

[John]

I am italian national, and I have lived in the UK for the last 6 years, and my wife, she had a 5 year visa, but the visa ended in june

She didn't have a visa, did she? She had a Residence Card? Am I right?

The good news is that thanks to the EU regulations that came into force on 30.04.06 your wife now has PR status ... Permanent Residence ... even without making an application! This is assuming you are exercising your EU Treaty Rights in the UK ... are you employed? Or what do you do in the UK?

Your wife can submit a form EEA4, to get confirmation of her PR status .... but she does not have to do that. That is any documentation issued to her after the EEA4 application will merely be confirmatory ... it will not actually give her any more rights.

Having said that, it is a good idea for a non-EEA family member to submit the EEA4 form. This is because without the written confirmation she might struggle to convince an employer that she has the right to work.

Click here to download the form EEA4.

Also, what about you? Do you have confirmation of your PR status? How long have you been exercising EU Treaty Rights in the UK? If at least 5 years then you also have PR status ... automatically. You don't have to, but if you submit an application on form EEA3, it might speed up your wife's EEA4 application. Click here to download the EEA3 form.

Finally, is it the intention of your wife to apply for British Citizenship? If so she will need to have had PR status for at least one year before she makes that application, and will also need to have passed the Life in the UK Citizenship test.

[86ti]

I am italian national, and I have lived in the UK for the last 6 years, and my wife, she had a 5 year visa, but the visa ended in june

She didn't have a visa, did she? She had a Residence Card? Am I right?

I was wondering about this too but if the "visa" expired June 2008 it obviously must have been issued June 2003 so before the Directive came into effect. (And then I remember that discussion about automatically switching to the new EU law).