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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a portuguese citizen and married with a Brazilian woman.

Resolved Question:

I am a portuguese citizen and married with a Brazilian woman. we have a son who is 07 years old and he was born in UK. My wife has a resident permit visa, renewed twice. we have lived in Uk since 2004. We do not live of benefits, but any way, my income is not to Hight. Now we would like to apply for a settling in UK. Are we entitled to this kind of visa?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

If your wife has been in the UK as your non-EEA spouse then you and her have the right to apply for "permanent residence". This is effectively the same thing as "indefinite leave to remain" but for EEA nationals.

Permanent residence is the right to stay permanently in the UK regardless of whether you are working and, in the case of your wife, regardless of whether she is married to you.

Basically you qualify for this once you have been in the UK for 5 years.

Please find confirmatoin of this under the heading "how long it lasts for" in reference to the residence card that you will has alreayd had:-
https://www.gov.uk/apply-for-a-uk-residence-card/overview


Here is the Home Office webpage on permanent residence and confirming the 5 year time requirement:-
https://www.gov.uk/apply-for-a-uk-residence-card/permanent-residence-card

THe applicaiotn form is here:-
https://www.gov.uk/government/publications/application-for-permanent-residence-card-form-eea4

You can apply for this now and then you will both have the right to remain permanently in the UK. It's the same thing as "settlement" but for EEA citizen/Non-EEA citizens who are married to EEA nationals.

Kind regards,

Tom
Customer: replied 2 years ago.

I am in UK for more than 10 years and my wife in septembre/2014 will do 10 years, as well. How much income I need to prove or they consider our income together?

Expert:  Thomas replied 2 years ago.
Hi

Income does not matter in the same way as it would if you were a UK citizen.

It will not be relevant, provided that you have been working here for 5 years together and that you are not a burden on public funds (which you are not if you have not claimed any benefits)

You will receive permanent residence.

Kind regards,

Tom
Customer: replied 2 years ago.

Sorry, What do you mean as not burden on public funds? I and my wife always work but we have applied for tax credits (working tax credits and child tax credits) as I had cancer and our income in that time was very low. This can affect my rights?

Expert:  Thomas replied 2 years ago.
Hi

No. You will still be fine, those benefits won't affect the applicatio if you have continued to work..

Tom
Customer: replied 2 years ago.

Finally, who should apply, I or my wife? And the application is on home office website? do you know which application form I have to use? thanks

Expert:  Thomas replied 2 years ago.
Hi

You should both apply at the same time, an application each.

The links is here and the form is Form EEA 4 and it's here:
https://www.gov.uk/government/publications/application-for-permanent-residence-card-form-eea4
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience: UK Lawyer holding practising certficate for England & Wales.
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