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When can we apply for my wite to get indefinite leave ?

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morten44
Newly Registered
Posts: 2
Joined: Tue Feb 20, 2007 6:54 pm
Location: glasgow

When can we apply for my wite to get indefinite leave ?

Post by morten44 » Tue Feb 20, 2007 8:48 pm

Hi I am a Norwegian (EEA member) married to a Non-EU wife.
We have lived together for 4,5 Years and Married for 3 years.
She is with me in UK now for 3 years on a spouse visa.
We first got a 24month visa, then extended with 5 years.
I have read on the net that she can only apply for Indefinite leave after 5 years living here.

I have also read on the net that as long as we have lived together for 4 years or more before applying for Indefinite leave, she could actually apply for it already after the initial 24month.
Does anyone know if that is right, or do we have to wait the 5 years.Its better to get it sorted asap as it gives us more options as we travel a lot and she like to start study here as well.
Hope anyone knows whats right. Thanks in advance.

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: When can we apply for my wite to get indefinite leave ?

Post by JAJ » Wed Feb 21, 2007 12:47 am

morten44 wrote:Hi I am a Norwegian (EEA member) married to a Non-EU wife.
We have lived together for 4,5 Years and Married for 3 years.
She is with me in UK now for 3 years on a spouse visa.
We first got a 24month visa, then extended with 5 years.
I have read on the net that she can only apply for Indefinite leave after 5 years living here.
Once you have lived in the UK "exercising EEA Treaty Rights" for 5 years, you both become Permanent Residents. You use form EEA3, your wife uses form EEA4.

What "non-EU" country is she from and does she want to become a British citizen in due course? And are there any children planned (or already arrived)?
I have also read on the net that as long as we have lived together for 4 years or more before applying for Indefinite leave, she could actually apply for it already after the initial 24month.
Does anyone know if that is right, or do we have to wait the 5 years.Its better to get it sorted asap as it gives us more options as we travel a lot and she like to start study here as well.
Hope anyone knows whats right. Thanks in advance.
I don't think that's an option for you. But what's to stop her studying on her current status?

And as for travel, Permanent Residence won't help her - she needs a British passport for that.

morten44
Newly Registered
Posts: 2
Joined: Tue Feb 20, 2007 6:54 pm
Location: glasgow

When can we apply for my wite to get indefinite leave ?

Post by morten44 » Wed Feb 21, 2007 2:09 pm

Hi. Thanks for the reply. Very helpfull :)
She is from South America and no, no children on the way yet.
I guess i have all the information i need then.
Thanks again for your help :)

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