EEA for my children to uk.......PLEASE HELP ME WITH THIS

[dmax]

we have battled with this since 2011. appllied for my wifes twin sons to come to join us in belfast-uk from thailand, we applied 2 years ago and were refused, we appealed and won an appeal against UKBA in belfast high court in APRIL 2013. we won on both counts of family life and point of law with me excercising my eu treaty rights. UKBA had 14 days to appeal the judges decision. then 30 days after judges decision we called our lawyer from www.lawcentreni.org and asked her could she get onto UKBA to get papers released for us to travel to thailand to collect kids and bring them home as they need to get into school for september. then lawyer advised us that UKBA wanted to appeal outside the 14 day time limit. this went back to the original judge who granted the boys a visa and ruling judge totally dismissed UKBA appeal and sent a scathing responce to them stating that thery had absolutely no grounds whatsoever and they had no chance of winning even if it did go back to court. UKBA state they have new evidence brought to light but i do not see how that can be , our circumstances are still same as the day of court case. MP westminster has wrote letter to mark harper immigration minister 2 months ago and still no responce from him. my wife is depressed, we have waited 3 years for her kids to come, kids in thailand are suffering as a result, why can ukba not release these papers now. case was won outright 5 months ago !! PLEASE HELP WE ARE DESPERATE NOW. THANKYOU VERY MUCH

[dmax]

i want to add, our circumstances are still same, we are still married, we have a 4 year old daughter born here in belfast and she needs family life with her brothers in thailand, i am still permanently incapacitated due to a serious liver disease. i will not work again. i have resided in uk all my life without any break apart from occasional trips on holiday. my wife was working untill 2 years ago but her company folded due to recession. even in november my wife applied for her permanent residence and she was refused !!! UKBA sent her a letter recently to tell her to make preperations now to leave uk and she was here illegally as her permanent residence had been refused !! OMG how can this be , she has been here legally, we have a 4 year old daughter born here n uk with uk passport, how can UKBA send my wife back to thailand ? its a discrace !!!

[wiggsy]

kids in thailand are suffering as a result, why can ukba not release these papers now. case was won outright 5 months ago !! PLEASE HELP WE ARE DESPERATE NOW. THANKYOU VERY MUCH

Im sure others will be along to advise with their opinion but:

1) [the "direct approach"] - do you have the kid's passports ETC...
- What nationality are you? - apply for an "Join Family Member" visa for ireland, then fly to RoI and then do a "Border Crossing" presenting yourself to the UK Border officials at the border from NI? [might be difficult to present yourselves as there is pretty much no border control for RoI to N.I. / UK.

Alternatively, a Schengan visa, and do a border crossing at Calais to UK ETC?

(Flights directly to the UK will most likely fail to board, but you can always get a ferry to the UK from france, the fly from the airport internally using the Code 1A stamps...)

2) J.R. on their failure to act. Send a nice Pre Action Protocol Letter - seems clear that you have every chance of winning the case... [however JR can be costly, but having the scathing letter of no chance of winning from the judge, they might book up ideas]

[wiggsy]

OMG how can this be , she has been here legally, we have a 4 year old daughter born here n uk with uk passport, how can UKBA send my wife back to thailand ? its a discrace !!!

Well, seems clear that your wife has the right of residence as you have PR. - and therefore are a qualified person.

Not only that, but Zambrano / Chen(?) would/should apply. Being the "Primary Carer" for your british child. - Your daughter got a BC because you have PR, right? - so if Gov have accepted you have PR to issue a passport, I do hope that you are appealing the refusal of PR for your wife...

[Obie]

Very sad story. Why was PR refused? you seems to be a former worker who ceased activity due to permanent incapacity to work.

They should have issued the EEA family permit. Based on your circumstances, the children should qualify for PR , immediately on their entry.

[vinny]

Did the judge give directions to the UKBA in April?

[dmax]

hi,
all i know is the judge awarded the children there residence under EEA to come to uk to live with their sister and mother. we won the case against UKBA on both counts !!! not 1 but 2. UKBA has not a hope in hell of even winning any appeal even if they could, original judge said that. my lawyer from www.lawcentreni.org is absolutely dumbfounded with UKBA,S behavior in this case against both my wifes PR and our childrens EEA residence permit. 3 years this has been going on for now, for god sake our kids are in thailand with nothing !! my wifes elderley father was their sole carer but he died 3 years ago, now they have nothing and are being badly treated by extended family members, i.e no food, no shoes for school etc etc....we are really in deep distress over this case, my wifes appearance and moods have went down hill, she is absolutely beside herself. ITS NOT FAIR.. why on gods earth can the UKBA not give the papers over nearly 6 months on !!! by the way i am a uk /irish citizen dual passport holder , i came out of work due to illness, i can no longer work, i am excersing my eu treaty rights, originally UKBA went to court and said i was not resident in uk , in court it was proven i was resident in uk for all my life with HMRC papers, pay slips, housing tenancy papers etc etc etc going back some 10 years ....seems the UKBA are doing everything to throw spanner in works here, how can they be so cruel and heartless to see 2 young 13 year old twin boys suffer like this. GUTTED

[dalebutt]

Please do not waste time, send a Pre Action protocol letter, and whilst you are at it, apply for an Irish Visa for them on your British citizenship, if they get it, bring them in Via Ireland, take action or this will continue dragging on for God knows when

[Obie]

I concur, this is a despicable act. You should file in a Judicial review claim for damages.

Alternatively, you should give make another application, putting the judges decision, and see how they react. They will have to deal with it with few weeks, and i can't see them rejecting in those circumstances, and the application is free of charge.

On the letter, make no secret of you displeasure in their dealing with your step children's case, and the impact it is having on their lives, and their duty under section 55 of the UKBA act 2007.

[wiggsy]

in their dealing with your step children's case, and the impact it is having on their lives, and their duty under section 55 of the UKBA act 2007.

Sec 55 of UKBA Act = regarding the transisional arrangements due to dual nationality, or?

Sadly, Section 55 - Borders, Citizenship and Immigration Act 2009 only applies to children IN the UK, (right?)


But @OP. If things are really so bad with your wifes kids... don't hesitate... The road between Ireland and UK:


If the kids are in such a bad manner, then take direct action...

Also, kick up some fuss... Melita Kiely is a Reporter with The Argus (Sussex). Her tel no is 01273 544520 and email is: [firstname].[surname] @theargus.co.uk (or email news@theargus.co.uk) they are interested in the effects of the Home Office on families etc... = and actually wrote a newspaper article on Phil Sommerville.

[Obie]

It may well be the case, that section 55 of the UKBA act 2009 applies to children in the UK, but it has a more broader scope than indicated in the act. Even in the guidance, officers are required to act in way and manner that promotes and safeguard the best interest of a child even in EEA family permit application and Entry clearance application.

Yes i accept this is not strictly speaking in the letter of the act. But if UKBA is to act in accordance with its international obligations, it has to be in its spirit.

Also see.

T (s.55 BCIA 2009 – entry clearance) Jamaica [2011] UKUT 00483(IAC)

Mundeba (s.55 and para 297(i)(f)) [2013] UKUT 88(IAC)

See end of page 2

[dmax]

hi guys,
THANKYOU..for all your replies, though how can i get my step kids into ireland ? how do i apply for an irish visa for them ?

please can someone direct me ?

THANKYOU

[wiggsy]

See end of page 2

Are you refering to the following here?

Safeguard and promote child welfare - This page explains your duty to safeguard and promote the welfare of children and tells you where to find more information.

this is actually one of the removed intranet links to: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

and Obie, don't get me wrong here... Whilst I understand that under UN / EU treaties etc, the UK STILL has a duty to protect childrens welfare - regardless of if they are in the UK...

Sec 55 has greater bearing if the children are in the UK - Even if they get in via a "dodgy" method... (and I really hate telling people to use underhanded tactics - but the fact of the matter is: The Home Office leave people no choice than to "play dirty"...)

Being without their mother on its own is bad enough... but to be in the situation OP describes - just makes you want to throttle somebody!

[wiggsy]

Mundeba (s.55 and para 297(i)(f)) [2013] UKUT 88(IAC)

35. The terms of s.55(1) and the decision of the Upper Tribunal in T (s.55 BCIA 2009 – entry clearance) Jamaica [2011] UKUT 483 (IAC) [2012] Imm AR 346, made it clear that s.55 only applies to children who are in the United Kingdom. The requirement therefore in the IDIs we have quoted above that officers must not apply actions set out in the instruction without having regard to s.55 inaccurately states the legal position, although as the Tribunal noted at [18] that the statutory guidance asks “staff working overseas to adhere to the spirit if the duty and make enquiries when they have reason to suspect that a child may be in need of protection or safeguarding or present welfare needs that require attention” .

I see that now... Thanks for that Obie

@OP...

Irish Visa Information = I applied for my WIFES visa, your British... so apply to embassy in london for wife and kids using their passports...

it may be wise for your wife not to leave the UK until its sorted... (illegal entry convictions and all which *may* affect her..)

you need to prove that the kids are your family member (this is by your marriage cert to wife, and then birth certificates to kids and wife - [im assuming they are your step children only?])

making irish visa application via their AVATS system.

http://www.inis.gov.ie/en/INIS/Pages/Sh ... ily_member
<- Visit with EU Citizen by Family Member (Sorry, brackets break the links, copy and paste)

It did take about two months to get my wife's visa... but some people have been quicker.

[dmax]

thanks,
but i am getting confused by all this, my step sons will require an irish visa ? then i will be able to bring them to belfast via dublin ? but then my sons will not get benefits etc that are granted under eea permit. there probably is a large fee involved in each visa application. i am wondering why then did my lawyer at www.lawcentreni.org not advise me to go down this route ?


PS..... our lawyer is issuing legal proceedings against ukba in next 14 days if papers are not released, i have also today at 5pm recieved an email from complaints dept in UKBA that ukba in bangkok cannot release papers as this is a very complex case and they are seeking legal advise in this matter.

[wiggsy]

PS..... our lawyer is issuing legal proceedings against ukba in next 14 days if papers are not released, i have also today at 5pm recieved an email from complaints dept in UKBA that ukba in bangkok cannot release papers as this is a very complex case and they are seeking legal advise in this matter.

A lawyer cannot give you advice to break the law...

An irish visa must be issued FREE OF CHARGE. (You are a british citizen - therefore Directive 2004/38/EC applies) *(I do wonder if this is what their "new evidence" is?)

By benefits you mean? - note: children do not claim monies ie: child benefit ETC. those claims are made by yourself and wife... - once the children are in the uk, submit the EEA 2 application. and then surely Sec 55 / Article 8 will mean that it is cleared without issues... - but as Obie says, even submit an EEA 4 on entry for them due to current conditions.

The only fee that you will incur for the irish visa's is the postal fee to and from the irish embassy in london (cost us about £15 with all the paperwork for the return Special Delivery envelops)

[Obie]

Also see every child matters.

UKBA seem to give very little regards to the Court in Northern Ireland. Ridiculous.

Ask your lawyer to seek JR, for damages, and in the meantime, either request a rolled up hearing, where the issue of permission and substantive hearing are done together.

It will be reasonable to ask for Interim Relief, requiring the UKBA Bangkok to issue them with a Visa.