Post
by Kitty » Wed May 25, 2011 3:16 pm
Hi olcay.
Unless your wife can provide evidence that she was seeking work during the two periods you mention, then I suspect your application for confirmation of PR status will be refused. What was the nature of your wife's courses? Were they related to her work?
If PR cannot be confirmed, then you can still apply for a Residence Card if your wife is working now (or is studying/self sufficient and now has insurance).
You can't apply for ILR because it requires having lived in the UK under the Immigration Rules: you have been here under European law. In circumstances where an EEA national has already attained PR, the non-EEA family member can choose to apply for leave under the Immigration Rules instead of European law. However, in your case, you would attain PR at the same time as your wife, so it seems pointless. It would also invovle leaving the UK and applying to re-enter.