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Posted

my wife and i submitted our eea family permit into uk embassy on 30th june 12, the vfs checked and double checked our papers, we are trying for eea permit for her two twin sons aged 11 years. all papers were in order, passports, wage slips, tb certs for children , marriage certs, my wifes visa status in uk, birth certs for me /wife/children, utility bills, basically everything and more.

eea visa is usually issued quickly within 2 weeks, we have been waiting 2 months now !!! embassy called wife one month ago and asked her what her visa status was in uk ( why ask this when they allready have a copy of her passport and her resident stamp ) then they phoned her this morning and askjed her how many times she had been in thailand in last few years ( why ? they know by looking at her passport and status ) they also asked her did she come to thailand with me and when , they also asked her when the last time she was in thailand ( they should know this by a simple check on their system ) they asked her why she wanted her two kids to join her in uk, she replied that her father was sole carer untill october past but he died and now they needed to be with their mother in uk as no one to look after them.

kids biological father , my wifes x partner also signed a statement at government ampher to state that he gave permission for his sons to join their mother and me in uk, this statement was given to embassy and verified by local official at ampher.

why are they being so awkward . new immagration rules brought in by new uk governmet ? maybe .

i am a qualified eea member excersising my eu treaty rights. and i pointed this out to embassy recently in an email as advised to do by an immagration lawyer from the law centre in uk. hge said they cannot refuse this permit based on my status and my wifes status.

Posted (edited)

You haven't said what your wife's current status is. Does she hold a resident card or No time limit? If it is the former then she should not be out of the UK for more than 6 months unless there are extenuating problems. If the latter then she can be absent for up to 2 years before she loses her indefinite leave to remain. The questions are I suppose to gauge whether or not the relationships are genuine although given that you have provided continuing evidence in the form of your passports, declarations through the application forms in respect of the children and that you have presented yourselves in a manner which does not differ from the circumstances when the UKBA accepted your wife's application for a residence card you have nothing to prove. Your assets,income and domestic circumstances are of no relevance to the applications since you are still economically active and are exercising your rights as a qualified person. In fact, given that the children are direct descendants of your spouse you do not even need to demonstrate any financial dependency. Given that the erstwhile carers have now relinquished responsibility I cannot see how they can refuse or even delay the issue of the family permits. However, It may be there are test cases that state the children must be shown to have been dependants of your spouse, i.e. they were part of her family unit and that an emotional bond has been maintained since her residence in the UK was established ( hence their questions about travel to Thailand etc ) but I'm not sure what burden of proof is required. The experts here would assist better.

In any event, you should write directly to the ECM and ask for a reply as to why the applications are so delayed. This is against policy and can only be imposed under reference to UKBA and if they have strong evidence to suspect the claimed relationships are bogus.

Edited by Seekingasylum
Posted

EEA family permit applications can be refused if the applicant(s) do not meet the relevant requirements of the EEA regulations.

Whether the OP's step sons do or not is difficult to comment upon without more details; but the embassy obviously have concerns about something or they wouldn't be asking these questions.

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