A thai woman who have EU kid with a EU citizen, do she qualify as Family Member of EU Citizen/EEA ?

[Danielsiam]

A thai woman who have kid with EU citizen, the kid also get the citizenship of the father, ( not married )

 

Do the thai woman still get the status of "Family Member of EU/EEA Citizen" and get easily a free-visa with the respective Embassy or Consulate ?

 

Because I can't found the right answer even on Internet.

[7by7]

21 hours ago, Danielsiam said:

 

Do the thai woman still get the status of "Family Member of EU/EEA Citizen" and get easily a free-visa with the respective Embassy or Consulate ?

 By this I assume you mean does the Thai partner qualify as a family member under the EU freedom of movement directive.

 

It is impossible to give you a definitive answer without knowing more details. 

 

1) What is the nationality of the EU national and what country do they wish to enter?

 

The directive does not apply when the family are entering the member state of which the EU national is a citizen, see Article 3, para 1 of the directive linked to above. This means, for example, if the EU national is a French citizen then the Thai citizen would have to apply for entry and, if desired, residence under, and meet the requirements of, the French immigration rules; whatever they may be. But if they were entering any other EU or EEA member state then the directive would apply.

 

Unless they have been living together in another EU/EEA member state whilst the French national had been exercising a treaty right there and now wished to return to France. This means they can apply under the Surinder Singh ruling.

 

2) What is the legal relationship between them?

 

Unmarried partners are not among the definitions of family member in the directive, see Article 2 para 2. However, para 6 of the preamble and para 2( b ) of Article 3 does allow member states to grant the same rights to unmarried partners as to spouses. However, the directive does not define an unmarried partner, leaving it up to each member state to apply it's own definition.

 

So what that definition is depends upon the law of the state they wish to enter. For example, in the UK for immigration purposes it is that the couple have been living together outside the UK in a relationship akin to marriage for at least the previous two years. I don't know the definition of other member states.

 

3) How old is the EU national child?

 

The Thai citizen would only qualify as an adult dependent under para 2 ( d ) of Article 2 or para 2 ( a ) of Article 3 if they were financially or otherwise dependent upon their child. From the way you have worded your OP, I assume that the child is still a minor and so this is not the case.

 

However, the Zambrano ruling means that the non EEA national parent of an EEA national child can obtain a free family permit to live with their child in the EEA state of which the child is a citizen if they are the sole carer of that child. This means that the father would have to abandon mother and child completely. 

 

The above is my interpretation of the relevant EU laws and the directive, but I am not a lawyer; any errors and omissions are mine.

 

Edited February 25, 2018 by 7by7

[Aussieroaming]

so if I am a British Citizen does this mean that my wife can get a visa on arrival in an EU Country (except my birth country) in order to visit as a tourist? Thanks

[7by7]

If she is travelling with or to join you, then yes.

 

From Travel documents for non-EU family members

Quote

Arriving at the border without an entry visa

It is always best for your non-EU family members to be well informed in advance and have all the necessary documents before starting their journey.

However, if they arrive at the border without an entry visa, the border authorities should give them the opportunity to prove by other means that they are your family members. If they manage to prove it, they should be issued with an entry visa on the spot.

 

But to avoid possible complications and delays it is best to obtain the appropriate visa in advance; especially as airline check in staff at airports outside the EEA may not be fully aware of the rules and so deny boarding if the non EEA national does not have a visa for her destination EEA country. If travelling with or to join their EEA national family member then such a visa should, of course, be issued with the minimum of requirements and delay and free of charge. See "Applying for a visa" in the above link.

 

Of course, whilst for the time being the rights of EEA nationals travelling to or resident in the UK and those of British nationals doing the same in other EEA member states and those of their non EEA national qualifying family members continue to fully apply,  what the situation will be post Brexit has yet to be agreed.

[Danielsiam]

Don't try anyway with Greek Border without visa, they're very rude, and they will throw away your family member, and said NO VISA NO ENTRY.

I experienced it ( land border with Turkey )

 

 

By the way I sended some email about my cases to some Embassies

[pontious]

6 hours ago, Danielsiam said:

Don't try anyway with Greek Border without visa, they're very rude, and they will throw away your family member, and said NO VISA NO ENTRY.

I experienced it ( land border with Turkey )

 

 

By the way I sended some email about my cases to some Embassies

What is your nationality.?

 

What country are you trying to enter.?

[7by7]

10 hours ago, Danielsiam said:

By the way I sended some email about my cases to some Embassies

 

4 hours ago, pontious said:

What is your nationality.?

 

What country are you trying to enter.?

Indeed; and what is the relationship of the Thai mother and EEA national father.

 

My post number 2 gives you the broad overview of the rules regarding family members of EEA citizens and a link to the directive itself. As I said to you there, for specific advice we need to know more details; as will any embassy you contact.

[Danielsiam]

On 26/02/2018 at 9:12 PM, pontious said:

What is your nationality.?

 

What country are you trying to enter.?

French, try enter to Greece, they even confiscated my ID French card, and given this to me inside the bus going back to Turkey ( and to my family member )

[Donutz]

On 26-2-2018 at 8:56 AM, Danielsiam said:

Don't try anyway with Greek Border without visa, they're very rude, and they will throw away your family member, and said NO VISA NO ENTRY.

I experienced it ( land border with Turkey )

 

 

By the way I sended some email about my cases to some Embassies

Try emailing EU home affairs in Brussels. They would be interested in learning about such a breach of EU law. 

 

JUST-CITIZENSHIP {at} ec.europa.eu