EEA PERMIT. thai wife is unemployed, can her sons join her ?

[dmax]

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.

any help much appreciated.

[Lucapooka]

The children need to be dependent on you and you need to be exercising treaty rights in the UK.

[dmax]

hi luka pooka,
thanks for your reply, though i am unemployed, is it still possible to get them back even if i am out of work ? what form do i ask ukba for ?

thankyou

[vinny]

7(1)(b) is applicable to her children.

You need to be a qualified person.

They may apply for EEA family permits.

[dmax]

thanks very much vinny and luca, very much appreciated

[EUsmileWEallsmile]

The children need to be dependent on you and you need to be exercising treaty rights in the UK.

Only if over 21...

[Directive/2004/38/EC]

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.

What is your citizenship? What is your history in the UK of employment or being a student?

[ca.funke]

What is your citizenship? What is your history in the UK of employment or being a student?

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.

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...

I think 2004/38/EC applies?

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);

If it applies, everything else should be easy. But I´m not sure because of the unemployment situation...?

[Directive/2004/38/EC]

What is your history in the UK of employment or being a student?

[vinny]

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.

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.

[EUsmileWEallsmile]

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.

[dmax]

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.

hi,
thanks for that info vinny, sorry for asking so many questions on here though it has to be done, as i say we are travelling to thailand in near future to bring my wifes two sons back to join us in uk, her father was their sole carer but he is now deceased ( died october 2011 ) and the kids are stuck in thailand with no one to care for them, they are being switched from aunts and uncles etc but no one wants them, its a terrible situation they and we are in now. in answer to your question vinny, yes i was employed when i got my wife the EEA FP. i am now on ESA ( incapacity benefit ) long term, i was taking fits and seizures at work , so now long term unemployed this last 2.5 years, am i a qualified person ? also i need to say that my wife and i only recently got back together after being seperated for 2 years ( we never divorced ) will that affect our application ? i still live in my house apart from her and she lives in house with our daughter but we are going to move in together in the future, will this affect us ? do i need to show papers to uk embassy in bangkok to state we are living together now i.e utility bills, bank accounts etc ? there is so much for me to take in and figure out before we travel to thailand as this application is going to cost us a lot of money which we do not have, though we need to get her kids back with their mother as they are at risk in thailand with nothing. would the home office grant the kids an EEA FP on the basis that my wifes children are now alone in thailand and at risk and need to be with their mother ?

sorry for the complex questions and thankyou in advance to any help and information you can give, very much appreciated

[Directive/2004/38/EC]

Being separated from your wife for a while is not a problem. You are not divorced and have not even started down that road. Relax breath deeply.

When did you arrive in the UK?
How long did you work in the UK before having to stop with your disability?

You have a pretty strong legal position in the EU. And that is, that if you are resident in the UK, then your wife can be there too, and so can her children. If the UK has not done anything to expel you (and I am also not clear that they have any grounds to do so), then they need to let the children in.

I would suggest you seek legal advice from http://www.lawcentreni.org/ Their web site seems down right now but their phone is 028 7126 2433

The children can, if you wish, fly as unaccompanied minors to the UK. 11 years old is a decent age. You can pay the airline a small amount of money to escort them the whole way.