i am a dual british/irish citizen. I met my wife (who is Malaysian) when i was working in Malaysia in early 2007, and we lived together there for about 12 months until I had to move back to the UK in June 2008 when my assignment there ended. She came to the uk with her sister in June 2008 on a working holiday visa, and although her sister left after about 3-4 months, she stayed. We married in Malaysia in August 2009, after which we applied for and were granted a family permit at the local high commission, and then when we got back to the UK, a 5 year residence card (EEA2) which expires in August 2014.
As I understand it, she is covered by the transitional arrangements on dual nationals as
- she held a valid residence card and was in the UK and so had a right to reside in the UK on 16 July 2012, and
- her residence card was still valid on 16 October 2012.
In the last 5 years, we've had 2 kids, bought a house, both held down jobs etc. We have spent quite some time abroad though - one trip back to Malaysia for 8 months when our first child was born, perhaps 2-4 months a year total in other years to visit relatives, and most recently a trip for 4 months after the birth of our second son.
Clearly, to make life easier (applying for jobs etc.), she needs to renew her residence card. So four questions occur to me:
- Is it worth applying via EEA4 or should we just re-apply via EEA2?
- is my understanding of the applicability of the transition arrangements for dual nationals correct?
- Would the time spent here before we were married (when she was on a working holiday visa) count towards permanent residence, or do you have to be exercising treaty rights?
- any other advice?
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