Hey,

My wife has been over here in the UK for coming up on 5 years at the start of next year and here residence card in her passport is due to expire. I have been looking through the UKBA site and can't work out what the next step is for us.

I have both UK and Irish passports and am working full time so fit all the requirements that we need still. Do I need to just apply for an extension, or is there indefinite leave to remain or similar? She does not want to do the life in the UK test thing, if that can be avoided so would really appreciate any help on where to go next.

She has been in the UK for those 5 years with only about 80 days out of the country.

Thanks in advance for any help guys.

Phil

Resident cards do not expire they are issued for 5 years(but are not legally required), but if your wife is a visa national then she would be unlikley to board an aircraft with out a stamp. your next step providing you have been exercising treaty rights for the period is apply on form eea4 for permanent residence, if there are reasons why you don't meet the requirments, just apply for another resident card on form eea2. The rules changed last year so that dual british/eu citizens can not make use of this route, but those who had already been on the eea route, can continue. I believe permanet resident is the same as ilr, ie you can be out of the country for up to 2 years without losing it providing you still 'live' in the uk.

See also How to apply for residence documents as the non-EEA family member of an EEA national

Once she has held PR for at least 12 months she can then, if she wishes, apply for British citizenship; provided she meets all the other requirements.