Wifes Resident Permit Runs Out , Returning To Uk

[scorpio]

my wife has 1 year and 5 months remaining on her resident stamp, she is in uk on EEA FAMILY PERMIT, we have baby girl born here in uk and baby has uk passport. question (1) myself , wife and baby possibly want to return to thailand for the next 4 years, then if we were to return to uk in 4 years time would she be denied entry ? baby born with uk passport , mother and baby cannot be seperated .

i am out of work now, im finding it very very difficult to get work, so is my wife !!!! we have enough savings to return to thailand for a few years at least, we have 2 houses in pattaya and khon kaen which we can stay in rent free. i also have a car in thailand which i can sell as we do not need it now. we never seen this recession coming when i had work and everything was going good. i just cannot see an end to this fighting to make ends meet in the uk .

i dont see a future at moment in uk for us, rent , electric , gas, food is taking all our money. we both feel we would be better of in thailand , ( but ) my wife has also got 2 sons in thailand who she misses terribly, they are 11 year old twin boys, she also misses her father who is nearly ready to die and is in very bad health, the father is looking after her 2 sons, i obviously cannot make a visa for them as i am unemployed now and have no chance of a job by the looks of things. i am trying to weigh up the good points and the bad points, we can put our hands on around 3 million baht. if we come back in a few years time maybe things will have picked up then again maybe not.

if it was you what would you do ? its raining here everyday, i have no family here and neither has my little daughter any brothers or sisters or aunts and uncles to visit her, my wife is lonely too, we are alone together, my wife and daughter at least can have her family in thailand to see when they want.

advise please.

Edited September 22, 2011 by scorpio

[ThaiVisaExpress]

It would be better to wait until you wife can apply for Citizenship (UK Passport) or permanent residence. The child is a UK passport holder anyway so we have no issues on the child returning to the UK any time.

• The visa for the children they can join her on the family permit also its free of charge (they may require an X-Ray).
• Other family members(her father) can also join her if they can demonstrate they are financially dependant on you or previously resided with you in Thailand for example.
• After 5 years she may apply for permanent residence, 1 year after this has been granted you may apply for citizenship.

You have other options I am sure others will add to the post.

[Eff1n2ret]

"...if we were to return to uk in 4 years time would she be denied entry ? ..." I can't see why she should be, she'd just have to get another Family Permit and start again - unless the goalposts on EU rights have moved in the meantime. Who knows what's going to happen when the Euro goes phut? But I would have thought that free trade and free movement of people will continue.

[7by7]

Scorpio, you have posted before about dual Irish/British nationals born Northern Ireland. Are you in this position?

As you were told in one of you other topics, a recent European Court ruling means that people born in Northern Ireland cannot use their Irish nationality to obtain EEA family permits for their partners etc. unless they have at some time lived in the Republic. The UKBA do not, as yet, seem to be enforcing this, but who knows when this will change.

So if you are in this position, you may find that in four years time, or whenever, you wife will be unable to apply for an EEA family permit. Of course, if you are not in the above position and have a different EEA nationality or have at some time lived in the Republic, then what Eff1n2ret says above will apply.

Similarly, if you want to follow TVE's suggestion and use the EEA route to have your wife's children, and maybe even her father, live with you in the UK then you had better act quickly, before the government do decide to enforce this judgment.

Alternatively, it seems to me the simplest route is for her to remain in the UK long enough to apply for naturalisation as British and obtain a British passport. She can then come and go as often and for as long as she wishes; same as any other British citizen.

[ThaiVisaExpress]

Scorpio, you have posted before about dual Irish/British nationals born Northern Ireland. Are you in this position?

As you were told in one of you other topics, a recent European Court ruling means that people born in Northern Ireland cannot use their Irish nationality to obtain EEA family permits for their partners etc. unless they have at some time lived in the Republic. The UKBA do not, as yet, seem to be enforcing this, but who knows when this will change.

So if you are in this position, you may find that in four years time, or whenever, you wife will be unable to apply for an EEA family permit. Of course, if you are not in the above position and have a different EEA nationality or have at some time lived in the Republic, then what Eff1n2ret says above will apply.

Similarly, if you want to follow TVE's suggestion and use the EEA route to have your wife's children, and maybe even her father, live with you in the UK then you had better act quickly, before the government do decide to enforce this judgment.

Alternatively, it seems to me the simplest route is for her to remain in the UK long enough to apply for naturalisation as British and obtain a British passport. She can then come and go as often and for as long as she wishes; same as any other British citizen.

I am submitting two further EU Family permits on Tuesday for dual nationals I will keep you posted.

[scorpio]

THANKS GUYS VERY MUCH FOR YOUR TIME AND HELP, we are in a situation where we keep falling out and getting back together again, this is because of strain of having no job etc etc and also having a 2 year old child . as i say none of us are working now, we are unemployed so i cannot see any of us being able to get her 2 twin sons back to uk to live with us ? 7BY7 i have never lived in irish republic though i am an irish citizen / uk citizen ( we in belfast dont really know where we belong, no one wants us ) anyway besides the point , i have both uk and irish passports this is how i got EEA permit for my wife to come live with me in belfast in 1st place.

i spoke to a lawyer in immagration in belfast law centre this morning briefly and she said my wife could go down the route of applying for southern irish citizenship ? as i say i spoke to lawyer briefly and she offered free advice ( very busy lady ) so i couldnt really get her to go into any great detail.

i would love to go back to thailand and live off our savings for a few years and enjoy our house etc and let my wife enjoy her time with her family ( her father while he is still living ) house is lying defunct and its such a waste, at end of the day we can come back to northern ireland and start again and hopefully i can get some work when things pick up again ?

what im basically asking : my wife returns to uk just off a flight with her uk born daughter into heathrow airport, will immigration refuse her entry? yes/no ? if i had a job i could at least apply for the twin boys to come live with us in belfast / uk, which would make my wife happier, she misses them terribally and she feels that they are missing out with her so much. we are stuck in this predicament and do not know what to do .

[7by7]

7BY7 i have never lived in irish republic though i am an irish citizen / uk citizen ( we in belfast dont really know where we belong, no one wants us ) anyway besides the point , i have both uk and irish passports this is how i got EEA permit for my wife to come live with me in belfast in 1st place.

I understand that, but that was not my point. People in your position may not be able to obtain EEA family permits for their family to live in the UK in future.Have a read of my previous again.

what im basically asking : my wife returns to uk just off a flight with her uk born daughter into heathrow airport, will immigration refuse her entry? yes/no ?

She probably wouldn't get that far. If she did not have a valid UK entry clearance of some sort the airline would almost certainly refuse to carry her. If they carry someone without a valid visa of some sort and that person is refused entry then not only does the airline have to bear the cost of returning the passenger from whence they came, they are also subject to a fine of, I think, $20,000. (This is an international rule, not a UK one.)

Even if an airline did carry her, if she tried to enter the UK without a valid visa or entry permit then she would almost certainly be refused entry; British child notwithstanding.

The Zambrano ruling may mean that the non-EU parent of an EU child can remain in the relevant EU country, in your case the UK, with that child. I'm fairly sure it does not mean that the parent can enter the country without some sort of visa or entry permit. They would have to obtain the relevant one first.

[RAZZELL]

Is it 1 year and 5 months before your wife can apply for citizenship? (Not up on EEA rules)

If so I'd tough it out...and let her leave the country for the maximum time allowed.

(how many days are you allowed out of the UK in that in 5 years? I thought they'd changed the amount of time to 7 or 8 years?)

RAZZ

Edited September 25, 2011 by RAZZELL