What is a "dependant" for EEA4 provisions?

[jantheman]

Hi all,

I am a Belgian citizen who has been living in the UK as a qualified person (continuously employed) for the last five years. However, my wife who is American has only recently started working as a self-employed person. For the past 4.5 years she has been in the UK with a residence document. We now would like to apply (both) for permanent residency. We were married before coming to the UK.

My question is very basic: reading the documentation for permanent residency, it seems like she is my dependant, in the sense that we're living on my salary and that her business is only just starting. Is this reading correct?

If so, this seems a bit weird to me. What if she was able to provide for herself, thus no longer being a "dependent" in the strict sense of the word? Would she then no longer be able to apply for a permanent residency in this way?

Sorry if this is a stupid/basic question. I've been reading the forum all evening and I've been cross-checking the stories with the official docs, but I want to make sure I get this right... Please, also let me know if you see anything fishy or worth knowing about with what I wrote above. Thanks!

[Obie]

You are a sponsor not dependent.

In law, dependency has a specific meaning which is confine to the case of direct descendant over the age of 21 of descendant in the ascending line.

This does not apply to your spouse. All you are required to show is treaty rights for the requisite period.


Regards

[jantheman]

OK, that's good to know. Thanks for the clarification Obie!