Legal Question in Immigration Law in United Kingdom
im a portuguese national leaving in the uk with my husband mozambican passport,since 2004.when we first arrived i worked to apply for my husband visa,we was granted 1 year visa in dezember 2004 and i had my first daughter in sept 2004 .so i stopped working,my husband started worked when the visa came till now he work.we applyed for extension,which he was granted more 5 years.in 2006 i had my second daugter and i had to stay at home during 2005 till 2010.i only went back to work in january this year.so which type of visa shall we apply for�
many thanks
1 Answer from Attorneys
As you are the EEA national your right to be in the UK depends on you exercising your Treaty Rights i.e. you working, not your husband.
As you have not been working during the 5 year residence permit, you will not qualify for the permanent residence and will instead have to apply for a new 5 year residence permit. If you eventually want to apply for permanent residence, you will need to continue working for the next 5 years. If at any point you stop working for a long period of time, this will again mean that you will not be able to apply for permanent residence at the end of the 5 years.
Should you wish to discuss this further, please feel free to contact us at [email protected].
Regards
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