Eea Family Permit,,,but Now Seperated...

[dmax]

im in uk with my thai wife ,she is on eea family permit visa ,,she has her 5yr resident stamp now 18 months with 3 yrs plus remaining,,she has just gave birth to our baby who is 2 mths old and was born here in uk,,,me and wife seperated last month and now im worried can she be shipped back? our baby has allready got her uk passport ...can she now apply for leave to remain and if not when can she apply ,,,thanku

[Electra]

Well, if you don't dob her in then she has no problems, has she?

Otherwise she will but having a British child she could always apply for residence in order to maintain contact with the sprog.

Better you keep stumm and after 2 more years she can apply for ILR in her own right provided the divorce is timed right.

[7by7]

The above advice should be ignored, for many reasons! The obvious one being when she applies for ILR she will need to show that the relationship with you is still extant, she has been living with you and still is.

I don't know a great deal about the EEA rules, but I do know that her right to remain depends upon her relationship with you; if that ends then so does her right to remain. However, I also think that she may be able to apply to remain based upon the child.

One thing is certain, doing nothing and hoping she will be ok is not an option.

You or she must contact the UKBA immediately and seek to regularise her status based upon the child.

[Eff1n2ret]

If you have been married for 3 years and spent at least one year together in the UK, she will retain her right of residence here under EEA regulations.

Otherwise, Electra's advice pretty much fits the bill.