asiansun

Asiansun,

As you say that you are unable to say exactly what the refusal notice says, then any accurate comment on it is impossible.

However, I cannot understand why what should be two simple EEA family applications have both been fraught with so much difficulty!

I suspect that there is much you are not telling us.

I also can't understand why, as you say the child's life in Thailand is so difficult and they miss their mum so much, you waited for nearly 5 years before applying to bring him/her to the UK; but that's your affair.

I also cannot understand your racist attitude to other immigrants and British citizens descended from them; an attitude which I see all to often on this forum from certain members.

That the UKBA official has a name which suggests they may be an immigrant or descended from an immigrant means nothing. That person is in the UK legally, and may very well be a British citizen. Otherwise they would not be a case worker for the UKBA!

Your wife is an immigrant to the UK; why do you hate other immigrants so much?

Why would you deny them the rights you demand for your wife?

The overwhelming majority of immigrants are not as you describe; people who come

into uk with 6-7 kids and not even married to a uk citizen cream off our welfare system and not even respect our laws

They, whether they entered via the UK immigration rules or the EEA regulations, are as hard working and law abiding as I hope you and your wife are.

As you used your Irish passport and the EEA rules as a cheap short cut to bring your wife into the UK, it is very hypocritical of you to use the words "not even married to a uk (sic) citizen."

You used the EEA rules; why should others who qualify not do the same?

BTW, Abu Hamza is a criminal and suspected terrorist. He is also a naturalised British citizen, which presumably your wife will be one day. He was deported to the USA last year and whilst the process took a lot longer than many, including myself, would have wished, due legal process did have to be followed.

well it is possible that mr wrong is a uk citizen, it is also possible that he is not and is working in ukba on a work permit . so that does not mean i am a racist which i certainly am not !! you jump straight onto the negitive band wagon 7x7 and call me a racist tut tut you also use the word hate ? when did i ever use the word hate ? i said it sickens me to see other immigrants of a certain race and religion come into our country and destroy our country and cream off our country when british troops are dying for our country and british troops are coming back to our country with no legs or arms and are left homeless or on the bloody dole , now do not start me on this !!! we waited 5 years because we were planning to go back and live in thailand and other family members who were taking care of the child died suddenly 2 years ago and the original visa application took months to prepared and was lodged and waited in the ukba 5 months before we got a decision !!! also other reason which are none of your business. you say i do not tell you exactly what the refusal letter says OMG ok, just for you i will spell it out, please read carefully - apparently, i failed to prove that i was a uk resident. ive told you this allready please read post 39. you seem to be lurking in the back ground ready to pounce at the first opportunity . if you do not have the advice i asked for at start of the post then im afraid you do not have it now. i have allready sought professional advice so thankyou for your input. have a nice day

Why should a man called Mister Wong not be a British citizen?

sorry, that was rash of me to have said that, i take it back and apologise.

Why should a man called Mister Wong not be a British citizen?

Agreed. As far as we have been told the Op isn't a UK citizen in the sense he is NOT using his UK passport (if he has one)so maybe he should just go on back to Ireland with your Thai wife and kids.

Sent from my i-mobile i-STYLE Q6

uk and irish passport holder and citizen

fatboy and bangkockney we need more like you on thai visa . fair play lads, wish i could buy you a pint sometime. chok dee

I think the OP should be cut some slack.

He hasn't tried to game the system, or circumvent the rules. He hasn't tried anything underhand.

UKBA issued his wife a Permit previously so there's clearly no funny busines on the OP's part.

OP mentions the court case for his wife's daughter because of the same reason for refusal: not resident for 5 years in the UK under the relevant rules. Clearly not true as the child's decision was overturned.

So, the OP could have been more succinct, but the details are there for those that care to look. I find the harsh criticism to be neither particularly useful nor representative of the general vibe of this sub-forum.

Seems to me he's been messed about by UKBA and many members here love to rub it in because the rules allowed him to take advantage of dual-nationality.

Don't hate the player, hate the game.

Think the OP just wanted to blow-off some steam, fair enough in my book.

Of course, there could have been an error in the preparation of the application, but even a refusal in this instance would seem harsh, without further contact from UKBA, considering the history.

<flame shield up>

thankyou, at last someone with a head full of common sense here it is again guys, i know the ukba has got it wrong, why ? because i have proven my right of residence in uk, i proved it when i first got married to my wife and brought her to uk under EEA rules, i proved it in my original application to bring my wifes kid to uk last year because i submitted a telephone book sized folder of evidence of my relationship and my uk residence, but ukba refused the child residence we appealed and brought a case against ukba in court and we won the ruling judge clearly, without a shadow of a doubt ruled that i was resident in uk all my life !! my lawyer knew without a shadow of a doubt even before i went to court that we would win, i proved my right of residence in another telephone sized folder which i submitted to ukba for my wifes PR though once again some nitwit in ukba overlooked this and refused my wife residence even though it was brought to ukba,s attention that a high court ruling 2 months ago allready gave my wifes kid residence in uk so therefore the same nitwit should have known that a judge allready acknowledged my residence status. as my avatar shows i hate being negitive, this is something i am struggling with in my life and i want to stay positive and not start name calling or slandering but some people on here just cant wait to put the feet in , something which i see a lot of in thai visa forum and to be honest i do not see this type of negitivity on other forums of which i am a member of many. i chose to go the EEA route originally because it was said that it was the easiest route and took priority over the spouse uk visa or any other visa ( i dont know why ) it was free and it was easy, eea visa was granted within 2 weeks . but in the long run it wasnt easy, it has been a constant struggle submitted forms, collecting evidence, submitting proof etc etc etc for both applications. i now wish i had of went the uk route but hindsight is indeed a wonderfull thing . in lawyers office on friday morning two days ago i brought in the refusal letter from ukba and all the evidence that i submitted , lawyer looked it over and told me that i had submitted everything and more, so we will wait for our day in court yet again and ukba will be once again be left walking away with their tail between their legs . and yes i am letting off steam and that is one reason why i am posting this topic, the other reason is to warn other guys to make sure to prepare and submit everything, check everything, keep on top of their applications, seek all the proper advice before making any move to bring their wife or kids back to uk. what makes me sick to the pit of my stomach is that some bright spark in ukba ( a mr w**g, dont think he is a uk citizen himself judging by the name , i will call him mr wrong ) seen all my evidence, seen that my wifes kid was stuck and struggling in thailand without mum, kid has constantly been asking about coming to live with us ( heartbreaking ) my wife is ( was ) fully legal here in uk and mr wrong refused her right of residence even though the likes of b*******d terrorist abu hamza can reside in uk and cream of our welfare system , people of other nationalities can come into uk with 6-7 kids and not even married to a uk citizen cream off our welfare system and not even respect our laws , my wife has allways remained respectfull of other people and of our laws , i can go on and on but sure what is the sense in that ? best of luck guys

I, too, am puzzled by what the OP has said; but requests to him for clarification have, like in his previous topic, remained unanswered; so our puzzlement continues!

you say i have not given you a reason why she was refused ? ive given it a few times, have you read my posts ? please read again, it clearly states the reason. and yes i can tell my wife to apply for another 5 year residence stamp which probably would be easier but not in the long run, if she is granted permanent residence then after another 2 years she can apply for citizenship ( i think ) if she gets another 5 year residence stamp then she must wait another 5 years to apply for PR ( i think ) but then again thats why i am on here.

anyway i will leave it in hands of lawyer . this topic is closed as far as i am concerned , i have outlined the reason for refusal.

lol fair play to him, dont know reason for his arrest but well done. coppers should have been doing their job ! bet they were in a drunken slumber after a night out in patpong with a couple of kathoeys

as long as the kids did not come back and lob in a hand grenade and blow the place to bits, this happened to an internet cafe in pattaya around 12 years ago , i was staying 2 doors away.

i dont understand where you are coming from, what type of hair style do you have ? as long as your mop doesnt resemble a wind bush then its only around 100b anywhere in bkk. hundreds of decent small mens hairdressers in bkk and any other city i have been to.

if he is a good friend and not just a drink buddy i would buy him a bottle of whiskey or something like that so if you dont all drink it then he can at least sell it from behind bar .

enjoy

PS....yea just ring the bell

no cbr, i have never resided in ireland ( south ireland ) i resided in a northern ireland when i was a kid for a while, i have allways allways resided in uk, passport stamps in both irish and uk passports to prove this. ukba from what i can gather refused my wife because her eea spouce was not resident in uk, they say i only provided evidence for 3 years something and that the onus was on me to prove that i had resided in uk for a full five years. they used the same excuse for my wifes child last year to refuse residence so thats why we went to court and won because the judge seen quite clearly that i was a uk citizen and was excercising my eu treaty rights and i had indeed been resident in uk for a full 5 years plus many more besides that, i have been resident in uk almost all of my entire life. the file i submitted for her PR had more than enough evidence of this, it was more than an inch thick with various papers/payslips/hmrc documents/letters/statements/passports inc stamps etc. so its beyond me why someone in ukba says i have not proven my residency in uk for a period of 5 years, when they sent application papers back with refusal letter my lawyer looked at all papers which were submitted and with a roll of the eyes and a tut just told me what a ridiculous decision this was.

anyway , i am not letting this topic go downhill any longer . back to court we go.

I always thought an Irish citizen had a British Passport.

Don't understand the situation. But I would really worry for your wife as she has no visa.

Would it not have been easier to apply for a spouse visa.

there is southern island and northen isl.both have different passports with southern isl.not part of the uk.

True. But it seems that those in northern Ireland can now get an Irish passport. He says he's British and Irish because his dad came from Liverpool and mum from Holywood, Belfast ...... by my reckoning that makes him British. But yet he is using his Irish passport and claiming EEA status .... why?

Sent from my GT-P1010 using Thaivisa Connect Thailand mobile app

exactly cbr, eea is a faster easier cheaper route ( apparently ) wife is thai national, i am british but hold an irish passport because my mum was born in northern ireland, a british national who has a parent born in northern ireland is entitled to apply for an irish passport, why ? i do not know , ask the visa guys on here. maybe meatboy can shed more light on it as he seems to work in ukba or at least has friends there judging by his posts

I always thought an Irish citizen had a British Passport.

Don't understand the situation. But I would really worry for your wife as she has no visa.

Would it not have been easier to apply for a spouse visa.

there is southern island and northen isl.both have different passports with southern isl.not part of the uk.

lol the visa specialists are out in force today, i suggest if you do not even know some simple geography then you keep yourself off this one and stay on general topics .

no valid visa. as i have told you allready ukba said she must make plans now to leave uk.

she has submitted appeal today. hopefully someone with an ounce of sense in ukba will see that a judge ruled in her childs favour in april. so therefor it will be sorted out by ukba , failing that she will take it all the way through the courts again

I can understand what she is doing, but educate me.

Unless she is then granted a temporary visa while the appeal is being considered, couldn't she and her child be deported at any time?

What are your thoughts about moving the Family to Thailand?

EDIT ... those appeals aren't cheap!

.

COUGH ...

asiasun ... do you not have an answer?

answer to what ? why is she here illegally ? she has submitted an appeal, untill that appeal is heard and finalised then i take it she is still entitled to be hear under eea though im not a lawyer. or are you asking me why we havent moved to thailand ? and in that case i wont even answer that sorry

From what I can gather from his posts here and in previous topics (it's difficult to gather anything as getting information from him is like pulling teeth!) the OP is a dual Irish/British citizen and his wife arrived in the UK via the EEA route before the change in the regulations.

It may be that due to some error in the application or by the UKBA she has been assessed as coming under the new regulations; but unless he posts a copy of the refusal notice we wont be in a position to judge.

all info has been given, no mistake in submitted app, nothing left out. again and only this last time i will say this , high court judge granted my wifes child resident status in april 2013 ( 2 months ago ) high court judge took all my evidence, my nationality, my rights, my residence, my family life , my marriage to my wife etc etc into consideration and ruled that the ukba was absolutely without a shadow of a doubt wrong in refusing my wifes child entry to uk first time around last year . we won in both counts uk/eu law and family life, as i have said before , nothing, zilch has changed from that day when that ruling was won against the d***********S in ukba. so how in the hell has my wife been refused her residence ? as i will say once again, the lawyer who is our case rep is 100% confident that my wife will win this case if it goes to court. seems to me the ukba has money to burn bringing these cases to court.

7x7 the refusal letter is now with lawyer. i seen nothing in it about the new regulations as they cannot affect my wife. i am resident in uk for 5 years but they said i wasnt so therefore they are going over the high court judges head ( 2 months ago ) when indeed the ukba defence lawyer argued in court that i was not a resident in uk and therefore i was not excersing my treaty rights as an eea member, then my lawyer stood up handed the judge a letter from landlords and social housing for last 10 years saying that i was living in uk for at least last 10 years, then my lawyer also handed judge a letter from my doctor saying that i was a patient of his for last 7 years and i seen him regularly. the court also seen the stamps in my passport showing that i was residing in uk, so ukba were left red faced, not a leg to stand on and we won the case outright.

it all boils down to this , the case against ukba was won in april and nothing has changed since that day . doesnt matter a damn what ukba are saying, the judges ruling was final and she granted wifes child residence - nothing has changed

i am both irish and british. father from liverpool mother from holywood in northern ireland therefore im entitled to dual passports.

thaicbr, manarak is saying a " normal citizen " is someone who plays by the rules, pays their way , integrates into uk/eu society and generally doesnt come with 5-6 kids to cream the system like other people /peoples do , and these same people arent even married to a eu/uk member. i dont have to spell it out for you, take abu hamza for example , so why do you even question manaraks choice of wording about these scumbags.

at least all of the thai people i know integrate well into britain, dont bother anyone and are well behaved and respectfull of our laws and our values and religions.

anyway lets not get into it.

she has submitted appeal today. hopefully someone with an ounce of sense in ukba will see that a judge ruled in her childs favour in april. so therefor it will be sorted out by ukba , failing that she will take it all the way through the courts again

my wife is the sole/ main carer of the child , so what you are saying is that ukba can deport my wife ? taking away our child who is here at school, has sister here who she is very close to , leaving her father here in uk also .

child with mother can be deported ? wow

i am not even going to comment on abu hamza &lt;deleted&gt; dont start me !!

well really i am asking a question about why they would give such a decision and what would outcome be under the current eu / uk laws. i have spoken to an immigration lawyer today well versed in eu law and has dealt with ukba refusals all the time, her exact words were , with eyes rolling " this is a ridiculous decision once again and have they not even looked into the fact that your wifes child won the right to reside under eea regulations in the appeal tribunal heard in court in april 2013 , based on the fact of that outcome we will win this case "

ps. we have another child born here in uk with a uk passport, wife and child cannot be seperated ( child under 18 years old have a right to family life in uk/eu ) so ukba cannot send my wife back to thailand. begs the question why some pea brained pen pusher in ukba want to waste more time and money yet again .

its also a stern warning to anyone wishing to bring wife back to uk what you have to deal with regarding visa,s and dealing with ukba , or anyone else making PR application or any application for that fact to ukba, make sure you guys have everything 100 % in order and give yourselves plenty of time to get papers submitted etc, also be patient if you can because you will be pulling your hair out ( it has been hell !! )

thai wife is in uk under eea rules. resident stamp expired on 31 march 2013. we got her application back 2 days ago. REFUSED ! bear in mind my wife made a visa application under eea rules for her child to join us in uk about 1 year ago, it also was refused, we appeal, went to tribunal in high court and won on 2 counts , the 2 counts were based family life and eu law. anyway we won the tribunal and we made the ukba aware of this when we wrote to whoever was dealing with her permanent residence application ( pending and awaiting outcome at the time ) so ukba knew that my wife won decision in court yet they still turned down her right to reside in uk .. without going into detail and confusing everyone they say i was not excercising my treaty rights and was not resident in uk for 5 years in total but i was and this was proven in court in april 2013

so things here to bear in mind

1. her child won appeal against ukba in apr 2013 to come join mother in uk

2. no circumstances have changed since that date.

all i can say at this point is this , the original decision by ukba was very very wrong to refuse child entry, we appealed and won on 2 counts, anyone in ukba with even an inkling of common sense would of granted the visa the first time, it was straight forward and all lawyers and immigration specialists who we spoke to at time were scratching their heads in amazment, the lawyer who won the childs right to reside in uk in april told us at the time that it was an idiotic decision and said that it was not uncommon for ukba to give decisions like this . anyway it was easilly won after lengthy appeal and total waste of money and time to all parties involved.

now we are going to appeal this within next few days and it will no doubt go to another court and wife will win , i spoked with same immigration lawyer this morning and she was totally shocked and astounded by ukba decision once again. she told me they had no right to refuse her and the person in ukba didnt even take all the facts into consideration about the high court tribunal in april to allow her child to reside in uk.

CRAZY

what a chang swilling douchebag he is.

yea ? you just sound like an small minded idiot. your reply makes me want to puke. give the guy a break

skyscanner hands down, kayak isnt good

wow...i hate vodka, but i was speaking to a russian work mate and he told me that russians do not get hangovers from drinking vodka for some strange reason. fair play to them.

thankyou kunash