First of all, you will not be applying for ILR. ILR is issued under UK domestic immigration rules.
What you will be applying for will be PR, under EEA regulations. ILR and PR give you similar rights, but its very important that you do not confuse between the two routes, because they are governed by totally different laws. Any research or queries done for ILR will be toally wrong and useless for knowing anything about PR.
Now before I answer your query further, I need to know something.
You say that both of your children have British passports, how is this possible? You have been here for 4 years, but for how long exactly you wife has been here? I am pretty sure she has been here a lot longer and exercised her treaty rights in UK for at least full 5 years before you had your first child born.
To make it easy, please reply the following,
MM/YY your wife arrived in UK.
MM/YY your wife started working.
MM/YY you arrived.
Any breaks in her employment apart from the one you have already mentioned.
Hi mr lookfoward.
Firts I want to thank you for your advice. My wife got her ressidents card in 2003 worked for a year and went back to portugal. She then came back in October of 2007 and worked until April 2014. I came to the UK in February 2006 on a 2 year working holiday visa. I left for 3 months in March 2011 to get married to my wife and came back in May of 2011. On my return I got my entrance permint and six months later I got the ressidents document. My wife got a new ressidents card in October 2011
I hope this would help
Your wife worked continuously from 2007 to 2014. By the operation of law, she automatically gained PR status after working 5 years continuously. ie 2007 to 2012. Only due to this reason, your children got british passports because they were born when their one parent had PR.
So, for your PR it will not be a problem. Your wife, after working 5 years, does not need to be working to be a qualified person, so her leaving job will not be a problem.
Thank you so much for your advice mr lookforward. It is really apreciated
II am really hoping you can help us.
I applied for my british citizenship on the 18th April this year and it came back in October as refused, the reson given was you have not exercised your treaty rights "continuous" for 5 years which I do not understand. I have passed the life in the UK test and the speak & listening too.
I am Romanian and I came to the UK in 2008 and stayed with my sister. I met my husband to be ( he is a british citizen ) and in 2009 I started work as a self employed cleaner and contacted HMRC for a national insurance No however they did not give me one because I did not have enough work so I went away and got more work and in 10/05/2010 they sent me a national insurance card but I was registered from 28/03/2010. ( I married my husband on the 19th Febuary 2011 ) I stayed self employed until May 2011 as while I was working I was offered a full-time job, however this fell through as I did not have a blue card ( right to work ) so I applied for that and received it on 6th Sept 2011 and the company offered the job again and I started working there on 24th October 2011 which I am still working there.
So I started working on paper in march 2010 so I do not know why they have refused me, can you please shed some light on this for me?
I really look forward to hearing from you
I am a South African married to a Portuguese citizen living in the UK for the last 4 years on my eea family permit. My wife was working for the first 2 years and the became pregnant with our first child. Before returning to work we had amother baby and she has been out of work since. Both of the children have British passports with the last one we got 2 weeks ago. Next year I hope to apply for indefinit leave to remain but how would I be able to proof that my wife has been excersising her treaty right. as I am the only one work at the moment we also recieve housing and child benefi , would this be a problem in getting ilr ? I appreciate your advice sincerly