Eea Family Permit..spouse Needs Her 2 Kids In Uk

[dmax]

hi,

my wife is over in uk on eea family permit,,she has her 5 year resident stamp and she can apply for her uk passport in 2 more years,,we also have 1 baby daughter born here in uk......but..we have been seperated now for 4 mths,this could pose a major problem.

she has 2 twin boys aged 9yr old ,they live with her family back in khon kaen.....she misses them very much and has been without them 2 years now and desperately wants them to join her in uk..

i am now unemployed and in reciept of state benefits,,incapacity benefit...i was made redundant 6 mths ago but am now on sick.i dont have any bank statements to show for last 6 mths either as my benefits get paid into post office account...but my wife who is working has bank statements with substantial savings in them and she can show these..

who makes the visa for the kids? myself or my wife? we are maybe going to get back together again soon so we wont need to tell embassy that we are seperated.....will the embassy need my bank statements? what papers do i need to submit with the visa application ? can the uk embassy turn us down ? do we need to get schools now for the kids if and when they are granted the visa ?

can anyone in the know give me some advice on this matter,,it would be very much appreciated,,as i say the wife really misses them...please only people who understand the eea rules need help me here as i cant be doing with the wrong info ,,the visa application is going to be submitted in 6 weeks time when we go back to thailand...

thanks in advance

Edited August 28, 2009 by dmax

[chanthas]

hi,

my wife is over in uk on eea family permit,,she has her 5 year resident stamp and she can apply for her uk passport in 2 more years,,we also have 1 baby daughter born here in uk......but..we have been seperated now for 4 mths,this could pose a major problem.

she has 2 twin boys aged 9yr old ,they live with her family back in khon kaen.....she misses them very much and has been without them 2 years now and desperately wants them to join her in uk..

i am now unemployed and in reciept of state benefits,,incapacity benefit...i was made redundant 6 mths ago but am now on sick.i dont have any bank statements to show for last 6 mths either as my benefits get paid into post office account...but my wife who is working has bank statements with substantial savings in them and she can show these..

who makes the visa for the kids? myself or my wife? we are maybe going to get back together again soon so we wont need to tell embassy that we are seperated.....will the embassy need my bank statements? what papers do i need to submit with the visa application ? can the uk embassy turn us down ? do we need to get schools now for the kids if and when they are granted the visa ?

can anyone in the know give me some advice on this matter,,it would be very much appreciated,,as i say the wife really misses them...please only people who understand the eea rules need help me here as i cant be doing with the wrong info ,,the visa application is going to be submitted in 6 weeks time when we go back to thailand...

thanks in advance

hi there dmax i am no visa expert,but i do no that incapacity benefit is not classed as public funds,

I wish you and you wife all the best.

[7by7]

we have been seperated now for 4 mths,this could pose a major problem.

It will indeed, as your marriage has ended, so has her right to stay in the UK. I'm sorry, but you patch things up or she leaves.

[dmax]

we have been seperated now for 4 mths,this could pose a major problem.

It will indeed, as your marriage has ended, so has her right to stay in the UK. I'm sorry, but you patch things up or she leaves.

thanks for ur replies ,,,but i dont think the above reply is correct,,u see as ive explained the eea is not the same as holiday/spouse/or any other visa, also did u take time to read that my wife had a baby 4 mths ago born here in uk? so she cannoty be shipped out....

please only those in the know about eea permit reply here as i dont want to get wrong information....i have spoken to thai visa express today very briefly and they were more than helpfull but im going to wait to see what kind of information i get from people off this forum before i agree to pay for thai visa express services....

Edited August 28, 2009 by dmax

[Eff1n2ret]

we have been seperated now for 4 mths,this could pose a major problem.

It will indeed, as your marriage has ended, so has her right to stay in the UK. I'm sorry, but you patch things up or she leaves.

thanks for ur replies ,,,but i dont think the above reply is correct,,u see as ive explained the eea is not the same as holiday/spouse/or any other visa, also did u take time to read that my wife had a baby 4 mths ago born here in uk? so she cannoty be shipped out....

please only those in the know about eea permit reply here as i dont want to get wrong information....i have spoken to thai visa express today very briefly and they were more than helpfull but im going to wait to see what kind of information i get from people off this forum before i agree to pay for thai visa express services....

If she's on her 5-year residence card and has only 2 years to go until she acquires "Permanent Residence", as implied in your first post, I guess she easily fulfils the criterion for retaining her rights under EEA law, i.e. married to you for at least 3 years and spent at least one year together in the UK. This being the case, she doesn't have to leave.

I think her twins are qualified simply by virtue of being her children - see this from the UKBA Casework instructions:

"2 Family Members - Categories

The family members of an EEA national are defined in regulation 7 and regulation 8 of the 2006 Regulations.

2.1 Key points

The family members of an EEA national include his/her:

• Spouse / civil partner (excluding a person who is party to a marriage or partnership of convenience - see Chapter 5 of the ECIs).

• Children of the EEA national or of his/her spouse / civil partner who are:

•

Under 21; or•

Dependants."

Establishing that she is continuing to exercise her treaty rights and that they are her children should be sufficient to have them granted EEA Family Permits. But get a second opinion to make sure it's watertight. Some ECOs might try and make life difficult if they thought you as the EEA national would no longer be involved with the family.

[ThaiVisaExpress]

we have been seperated now for 4 mths,this could pose a major problem.

It will indeed, as your marriage has ended, so has her right to stay in the UK. I'm sorry, but you patch things up or she leaves.

thanks for ur replies ,,,but i dont think the above reply is correct,,u see as ive explained the eea is not the same as holiday/spouse/or any other visa, also did u take time to read that my wife had a baby 4 mths ago born here in uk? so she cannoty be shipped out....

please only those in the know about eea permit reply here as i dont want to get wrong information....i have spoken to thai visa express today very briefly and they were more than helpfull but im going to wait to see what kind of information i get from people off this forum before i agree to pay for thai visa express services....

If she's on her 5-year residence card and has only 2 years to go until she acquires "Permanent Residence", as implied in your first post, I guess she easily fulfils the criterion for retaining her rights under EEA law, i.e. married to you for at least 3 years and spent at least one year together in the UK. This being the case, she doesn't have to leave.

I think her twins are qualified simply by virtue of being her children - see this from the UKBA Casework instructions:

"2 Family Members - Categories

The family members of an EEA national are defined in regulation 7 and regulation 8 of the 2006 Regulations.

2.1 Key points

The family members of an EEA national include his/her:

• Spouse / civil partner (excluding a person who is party to a marriage or partnership of convenience - see Chapter 5 of the ECIs).

• Children of the EEA national or of his/her spouse / civil partner who are:

•

Under 21; or•

Dependants."

Establishing that she is continuing to exercise her treaty rights and that they are her children should be sufficient to have them granted EEA Family Permits. But get a second opinion to make sure it's watertight. Some ECOs might try and make life difficult if they thought you as the EEA national would no longer be involved with the family.

The way i see it is they can join the Mother can they not just arrive and exercise their rights as family members ?

Edited August 28, 2009 by ThaiVisaExpress

[7by7]

My apologies, I stand corrected; I thought that until the non EEA spouse had PR then their stay was entirely dependant upon their relationship with the EEA national.

Although, as you seemed to know the answer one does wonder why you asked the question.

[Bird on the Wire]

The way i see it is they can join the Mother can they not just arrive and exercise their rights as family members ?

Hang on, your the immigration advisor. Whyre you asking questions?

[dmax]

My apologies, I stand corrected; I thought that until the non EEA spouse had PR then their stay was entirely dependant upon their relationship with the EEA national.

Although, as you seemed to know the answer one does wonder why you asked the question.

i ask the questions because i know some things but i do not know everything !! simple as that...............i want to do all my homework on this as i will be making the application in 6 weeks time...

[Eff1n2ret]

The way i see it is they can join the Mother can they not just arrive and exercise their rights as family members ?

Hang on, your the immigration advisor. Whyre you asking questions?

He's advertising his new Teleporting service for getting people to the UK without visas.

"Beam me up, Scotty!"

[bangla]

The way i see it is they can join the Mother can they not just arrive and exercise their rights as family members ?

Hang on, your the immigration advisor. Whyre you asking questions?

He's advertising his new Teleporting service for getting people to the UK without visas.

"Beam me up, Scotty!"

if they fly to a visa exempt country for thai people with a stopover in the UK then they can disembark and go through UK customs without a visa.

this has been done in amsterdam many times by people (non EU familymembers of EU citizens) who couldn't get a schengenvisa.

btw, it doesn't matter for the EU permit if you live separated, as long as you're still married .

Edited August 29, 2009 by bangla

[Eff1n2ret]

if they fly to a visa exempt country for thai people with a stopover in the UK then they can disembark and go through UK customs without a visa.

this has been done in amsterdam many times by people (non EU familymembers of EU citizens) who couldn't get a schengenvisa.

Indeed, a wheeze that has led to the nationals of no fewer than 56 countries currently requiring "Direct Airside Transit" visas to have connecting flights via the UK. Thailand is not yet one of them.

So, hey, get a visa and ticket for Bolivia or somewhere, and turn up at the passport control at Heathrow. They'll make you feel really welcome.

[bangla]

They'll make you feel really welcome.

that doesn't matter.

don't think your 3rd world partner is welcome anyway.

but the law is the law.

if they don't like it then they can always leave the EC

Edited August 29, 2009 by bangla