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What is your citizenship? What is your history in the UK of employment or being a student?dmax wrote:my thai wife is currently unemployed due to the downturn . she is in belfast under EEA permit and has a 5 year residence stamp. she wants her two sons both twins aged 11 years to come to belfast to join her, her father was their sole keeper but he passed away some months ago, she is very depressed that no one is back home in thailand to care for them. she wants to return to thailand to be with them but if she does that then she will lose her EEA status and will need to re apply all over again when she wants to return to uk at a later date and if she does that then she wont be granted another EEA as she and i are both unemployed.
I happen to know from >>another thread<<, the couple is UK/Irish dual citizen + Thai citizen, married, living together on EEA-RC in the UK.Directive/2004/38/EC wrote:What is your citizenship? What is your history in the UK of employment or being a student?
I think 2004/38/EC applies?dmax wrote:my thai wife is ... in belfast under EEA permit and has a 5 year residence stamp. she wants her two sons both twins aged 11 years to come to belfast to join her...
If it applies, everything else should be easy. But I´m not sure because of the unemployment situation...?2004/38/EC wrote:Definitions
For the purposes of this Directive:
1. ‘Union citizen’ means any person having the nationality of a
Member State;
2. ‘family member’ means:
(...)
(c) the direct descendants who are under the age of 21 or
are dependants and those of the spouse or partner as
defined in point (b);
What is your history in the UK of employment or being a student?
dmax wrote:hello,
my wife is thai, she has 5 years resident stamp, here in belfast /uk on EEA FP. i have just read that home office since last year 2011 are changing rules for eu citizens ( myself ) bringing their non eea family members ( my wifes sons) over to uk on FP visa,s. apparently they are stopping this route for eu citizens who have not lived outside uk namely ROI or any other EU country .
can anyone tell me if this is the case now or not, have home office implemented new rules to date or not ?
we are due to travel to thailand in june or july and submit an EEA application to bring my wifes two twin sons aged 12 years back to belfast/uk . we do not want to waste money travelling and paying for flights etc if at from the outset this application is doomed to fail. we are both now unemployed due to me being on incapacity benefit ( sick ) long term. and wife out of work due to post natal depression after having our daughter 3 years ago.
thankyou in advance.
EUN2.16 Can family members of dual British / Irish nationals qualify for an EEA family permit? wrote:The intention is to amend the Regulations to reflect the terms of the McCarthy judgment, however until such time as Regulation 2 is amended, entry clearance officers/caseworkers will need to continue to treat dual British/EEA nationals as though they are EEA nationals when considering an application for documentation under the Regulations. Evidence of the EEA nationality must be provided.
hi,EUsmileWEallsmile wrote:Dmax,
How did your wife get residence card in the first instance? Were you working at the time or was it on some other basis?
There are circumstances whereby a worker who is not able to work can retain the status of being worker even though not actually working. You would need to explain more about your circumstances.