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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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ILR - Permanent Visa

Resolved Question:

Hello, I am an Austrian citizen living in the United Kingdom since 5 years. My wife (non EU) first got an EEA visa (5 years) and has to apply for an ILR now. She has been working all the time and has an income of about 30k net a year. I am self-employed, my income is much lower (around 5k yearly), because I am in education for a new business. We never claimed benefits. Is it enough for a successful application that my wife as a Non-EU earns most of the money or does it affect that my income is low at the moment? Thank you very much.

Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,
It does not matter that your wife earns higher income than you, the fact that you are self employed and exercising treaty rights and are living with your wife is sufficient for her to apply for permanent residency.
She needs to apply using form EEA4
https://www.gov.uk/government/publications/application-for-permanent-residence-card-form-eea4
May I help further?
Customer: replied 3 years ago.

Thank you for your reply.

That means the over-all-income is the most important thing?

I think, Home Office want to see that applicants can survive without benefits.

If not, the ILR will be probably denied.

Is that right?

And ... is it an advantage to apply through a solicitor? Is it possible to increase the chances of getting the visa?

Expert:  UKSolicitorJA replied 3 years ago.
As long as you are exercising treaty rights I.e. Working, studying etc, she will be fine to receive Permanent Residency, so yes, overall income is important.
It seems like a straight forward application and she may apply herself without using a solicitor.
Hope this helps
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