Bring my Wife's Thai Child to the U.K.

[Greenbhoy]

Hi,

I have been surfing the net for advise but can't get a clear cut answer.

I am looking to bring my wife's 14 year old girl from a previous marriage to the UK.

I am originally from Northern Ireland but work in England and hold an Irish Passport but have due Nationality status UK/Ireland.

My wife has a 10 year UK Permanent Residence of a family member of a union citizen, as I applied for her to join me 7 years ago on my European status.

As we are now looking to bring her daughter over I am wondering what my next steps would be.

Any help would be very appreciated.

thanks in advance.

 

[7by7]

From Free Movement Rights: direct family members of European Economic Area (EEA) nationals:

Quote

Family members who come under regulation 7(1)(a), (b) and (c) of the Immigration (European Economic Area) Regulations 2016 (as amended) (the 2016 regulations) are often called ‘direct’ family members. The following can be considered as direct family members:

• spouse or civil partner

• direct descendants of the EEA national or their spouse or civil partner who are:

   o under the age of 21

   o dependants of the EEA national or their spouse or civil partner

• dependent direct relatives in the ascending line of the EEA national or their spouse or civil partner

(7by7 emphasis)

So your step daughter does qualify as a direct family member and therefore can apply under the EEA rules (see Apply for a permit to join your EU or EEA family member in the UK)........

 

At the moment!

 

What will happen after 31st October? Your guess is as good as mine; but if we do leave without a deal she will not be able to use the EEA rules to come and live in the UK with her mother. 

 

What would happen if you can get her application sorted and submitted before 31st October? No idea, sorry.

 

The alternative is, of course, for her to apply via the UK immigration rules; but this is a lot more expensive and time consuming. There are also more requirements; the most difficult one being showing that your wife not only has sole custody, but has also been exercising sole responsibility over her daughter while they have been separated.

 

There used to be a UKVI page explaining this, but I can't find it. However Child Settlement Visa from Thai Visa Express covers what you need to know.

 

She should also explain why she has waited for 7 years before applying for her daughter to join her.

 

See Family visas: apply, extend or switch; Apply as a child for how to apply.

 

[CookieRaider]

From Free Movement Rights: direct family members of European Economic Area (EEA) nationals:

Family members who come under regulation 7(1)(a), (b) and [emoji2398] of the Immigration (European Economic Area) Regulations 2016 (as amended) (the 2016 regulations) are often called ‘direct’ family members. The following can be considered as direct family members: • spouse or civil partner • direct descendants of the EEA national or their spouse or civil partner who are:

   o under the age of 21

   o dependants of the EEA national or their spouse or civil partner

• dependent direct relatives in the ascending line of the EEA national or their spouse or civil partner

(7by7 emphasis)

 

 

 

Sent from my COL-L29 using Thailand Forum - Thaivisa mobile app

 

 

 

 

 

 

This applies in all EU countries except the ones you hold a passport for. If the OP has a UK Passport he will have to use the UK immigration rules. The only exception to this is if you have been resident with them while you have been working in another EU country for an unspecified period of time but you must be able to prove 'centre of life' in that country, so 6 months to a year minimum is recommended.

 

 

[theoldgit]

Unhelpful troll post removed.

[Tony M]

12 hours ago, CookieRaider said:

 

This applies in all EU countries except the ones you hold a passport for. If the OP has a UK Passport he will have to use the UK immigration rules. The only exception to this is if you have been resident with them while you have been working in another EU country for an unspecified period of time but you must be able to prove 'centre of life' in that country, so 6 months to a year minimum is recommended.

 

 

It's possible that the Residence Permit was issued at the time when dual Irish/British citizens could actually benefit from holding both passports at the same time. That was changed by the Home office some years ago (because of the large number of sponsor's legally obtaining Irish passports), but I don't remember exactly when. If that is the case, then the OP's step daughter would probably still benefit from the EEA provisions.

Edited August 28, 2019 by Tony M