Adding A Thai Child To An Eea Family Permit For Uk

[flip2000b]

Hi Guys,

I am an Irish national living in the UK with my wife, who is here on an EEA Family Permit as we are married. She has recently received her 5 year extension of stay.

We are now looking to bring her daughter here, who is her child but not mine. Does anyone have any experience of this? What needs to be done, do I apply for a new EEA Family Permit just for her as a new applicant, will it make things easier if I officially adopt her or is that something that is automatic as we are married?

We are looking to apply for the visa in december before coming back to the UK and then actually bringing my step-daughter over in April but we want everything sorted before then.

Any help is greatly appreciated as I am at a bit of a loss as to how to go about everything!!

THanks

Phil

[7by7]

I am not fully aware of all the EEA rules, but I think that if they had applied at the same time, then there would be no problem, but I'm not sure about the child applying when the parent is already resident in the UK.

SET7.3.1 seems to be saying that you or your wife now need to sponsor the child under the UK immigration rules, not the EEA Regulations, and you cannot do so until you and she have permanent residence and you and she cannot apply for that until you have been in the UK for 5 years.

As I said, I am not up to speed with all the EEA regulations and may be interpreting the above completely wrongly!

Hopefully someone with more knowledge of this area will advise.

[erikr_]

I am not fully aware of all the EEA rules, but I think that if they had applied at the same time, then there would be no problem, but I'm not sure about the child applying when the parent is already resident in the UK.

SET7.3.1 seems to be saying that you or your wife now need to sponsor the child under the UK immigration rules, not the EEA Regulations, and you cannot do so until you and she have permanent residence and you and she cannot apply for that until you have been in the UK for 5 years.

As I said, I am not up to speed with all the EEA regulations and may be interpreting the above completely wrongly!

Hopefully someone with more knowledge of this area will advise.

EEA regulation applies for direct family as well

[7by7]

Direct family of the EEA national. Does a step-child count?

I think so if applying at the same time as the natural parent; but what if it's a later application?

[the scouser]

EEA nationals and their family members can choose whether to apply either under national law (i.e. the Immigrations Rules) or European law. The guidance that 7x7 has linked to above is relevant only to those who opt to use the national law route.

A family member can make an application under European law at any time, or at least in this case whilst the child is under 21. Regulation 7 of the EEA regs defines an EEA spouse's child as a family member. Reg. 11 defines the right of admission of a family member and Reg.12 defines the issue of a family permit.

[7by7]

Thanks for the clarification.

I was unsure as Para SET7.3.1 refers to EEA nationals.

[flip2000b]

Thank for the help guys, at least I know it can be done!

Do you happen to know if I just need to fill in the VAF5 form, that always seems to refer to anyone over 16 with a section for their dependents, but not just for the child herself??

Thanks

Phil