Excersising treaty rights

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This topic contains 1 reply, has 2 voices, and was last updated by  mr lookforward 2 years, 10 months ago.

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  • #3934

    First of all, you will not be applying for ILR. ILR is issued under UK domestic immigration rules.

    What you will be applying for will be PR, under EEA regulations. ILR and PR give you similar rights, but its very important that you do not confuse between the two routes, because they are governed by totally different laws. Any research or queries done for ILR will be toally wrong and useless for knowing anything about PR.

    Now before I answer your query further, I need to know something.

    You say that both of your children have British passports, how is this possible? You have been here for 4 years, but for how long exactly you wife has been here? I am pretty sure she has been here a lot longer and exercised her treaty rights in UK for at least full 5 years before you had your first child born.

    To make it easy, please reply the following,

    MM/YY your wife arrived in UK.

    MM/YY your wife started working.

    MM/YY you arrived.

    Any breaks in her employment apart from the one you have already mentioned.







    jan nickel

    I am a South African married to a Portuguese citizen living in the UK for the last 4 years on my eea family permit. My wife was working for the first 2 years and the became pregnant with our first child. Before returning to work we had amother baby and she has been out of work since. Both of the children have British passports with the last one we got 2 weeks ago. Next year I hope to apply for indefinit leave to remain but how would I be able to proof that my wife has been excersising her treaty right. as I am the only one work at the moment we also recieve housing and child benefi , would this be a problem in getting ilr ?  I appreciate your advice sincerly 

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