EEA Family Permit For My Wifes2 Sons To Uk.

[dmax]

we are seperated now for 4 mths,,,,,not divorced,,,,,,but my wife is still exercising her rights under eea family permit and she has a 5 yr resident stamp to reside here in uk....she is working.....she wants to bring her 2 sons back to live in uk with her...is this possible since we are seperated,,also i was made redundant in january so im out of work ,,not that it would count anyway as she will need to make the application alone...

any advice much appreciated ,,thanks

[7by7]

I know very little about EEA permits, but I am fairly sure that as your wife does not yet have permanent residence then her right to remain in the UK depends upon her marriage to you. If that has ended then so has her right to remain in the UK.

She certainly cannot apply for an EEA family permit for her sons as she is not an EEA citizen; although you could were the two of you not separated.

Hopefully someone more knowledgeable than I will be able to advise.

[Eff1n2ret]

If you have been married for 3 years, and in the UK for at least one year before getting divorced, your wife will retain her right of residence under EEA regulations.

If the 2 sons are your wife's direct descendants, they also qualify as your family members, but for an EEA permit they have to satisfy the following criteria:

"........, the ECO should be satisfied that:

the applicant is the family member of the EEA national (marriage certificate, birth certificate or other evidence of family link)

the EEA national is residing in the UK in accordance with the EEA Regulations (as qualified person if more than 3 months) and the non-EEA national is joining them; orthe EEA national intends to travel to the UK within 6 months and will have a right to reside under the Regulations on arrival, and the non-EEA national will be accompanying or joining the EEA national; and

if applying as a spouse or civil partner, there are no grounds to consider that the marriage or civil partnership is one of convenience (see Annex ….); and

if applying as dependent family members (dependent children 21 and over and dependent relatives) they are dependent on the EEA national or the EEA national’s spouse or civil partner; and

neither the applicant nor the EEA national should be excluded from the UK on the grounds of public policy, public security or public health."

So whilst your own lack of employment need not disqualify them if they could show your wife can support them, the bit I have highlighted in bold probably puts the mockers on it. I think the ECO could reasonably object if he is aware that they would not be joining you. I think your wife can sponsor them once she obtains permanent residence (but that might be dependent on their ages then).

[the scouser]

She can apply for naturalisation as an Irish citizen after three years of marriage. Once naturalised, she could then seek to bring her kids to the UK on family permits in her own right and without your involvement.

[micky44]

hey welcome back scouser !!!!!!!!!!!!! missed your expert advice!! had a good holiday ?? like i said good to have you back on board. Micky.

[dmax]

She can apply for naturalisation as an Irish citizen after three years of marriage. Once naturalised, she could then seek to bring her kids to the UK on family permits in her own right and without your involvement.

does / can she apply for naturalisation if we are still seperated ? and what is naturalisation? the kids are 10 yrs old now and if she leaves it too long they wont get into high school or will a least have some difficulty....she has been here just over a yr now on her eea permit...her resident stamp runs out in may 2013...she is working...

how can she get them back,,even if it means we get back together again??????

can anyone advise please ...

thanks for ur replies,,i wil be calling ur office tomorrow scouse because i think i may require ur services on this one...!!!!!!!