EEA2 OR FLR(M) FOR WIFE

[djmobeus]

Hello,

Lawyers and border Agency trying to drive me crazy. Hopefully somebody can help me in my situation.

- I am British citizen who has lived in EU country (Greece) for over 10 years and has EU residency
- Wife is morrocan citizan who also lived in same EU country with me and has EU residency
- We also have 2 year old son who is British Citizen.

We decided to settle to the UK and were told that we had to get EEA FAMILY PERMIT so that is what we got. That was issued for 6 months and is expiring beggining of December.

We came to the UK at the end of July without work and i was receiving Income based Job seekers, Housing benefit, council tax benefit, child tax credit and had applied for child benefit but have not received it yet.

I have just been employed and will start working on the 1st of december and will come off all benefits.

My question is should my wife now apply for EEA2 residency or can she apply with form FLR(M).

2 lawyers have told me since i exercised EU treaty rights i have to continue with them and apply for EEA2 residency. Another 2 have said that since I am British citizen currently located in the UK I can go either way. I would like to procede with the FLR(M) form so that we can apply for Citizenship after 3 years in relation to 5 with the EEA residency.

Does anybody have any experience with a case like this who can advise me and possibly provide me with some official documentation so i can referance it. Also does the fact that i have been on benefits for the past 5 months affect my application and once I figure out what I have to apply for can i receive Tax credits and child benefit?

Thank you

[vinny]

See also Married to British citizen but with EEA family permit in UK.

[djmobeus]

Thanks for the link. I took a look at it but it didn't really clarify it for me. I took a look at the document which is on the "switch" category link and it says that it some cases you may switch to immigration rules but it does not specify anywhere for EEA family permits. Do you maybe have any more information..

Thanks