EEA Family Permit Visa Expired

[katie18888]

Immigration and Nationality Directorate

Hello My name is Katie. I am originally from the Philippines I was 1996 on the 10th of March and I currently live in Northern Ireland. I was brought here as a child at age of 10 and I arrived in the UK in August 4 2006 with a Residence Card of a Family Member of an EEA National. I came along with my mum who is married to an Irish man who sponsored me. I also have a letter from the Home Office

My visa valid until 24 April 2012. As it has been expired my stepfather who sponsored me applied for an application for another visa! There was a problem as it asked to show a 5 years of working bank details, he has lost his job half through the years and has nothing to show to complete the application!
So I couldn't rely on my Stepfather nor my Mother who is an Irish Citizen as they don’t have anything to show. I waited until I turned 18 to be independent and be able to apply for a citizen myself. At this moment I am a student attending College I am doing great in my studies I have passed most my GCSE's and working on my Alevels. I am supported under my Mother and Stepfather.

My main question is will I get deported?
I don't want to go back to my country, my life is Irish and my family and friends and school etc. I just want an answer. Could I apply for an Irish Citizen since I’ve been living in Northern Ireland for 8 years with my Irish Citizens Family. What are my rights? I want to able to carry on with my studying and have a better future. I really don't know what's going to happen I'm scared. What do I do next?

Many thanks

[Wanderer]

Northern Ireland is part of the UK not Ireland.

[CR001]

Please remove your personal details (case number and passport numbers) from your first paragraph. This is an open public forum.

[Wanderer]

Please remove your personal details (case number and passport numbers) from your first paragraph. This is an open public forum.

Good spot - identity theft is very real....

[Amber]

I've edited the post.

[katie18888]

Thanks, I just want an answer

[chaoclive]

Is your stepdad working now? What about your mum? Are they both only Irish or do they also have British citizenship? You need to find this out.

If they are both working in NI and ONLY hold Irish citizenship, then you might be eligible under the EEA regulations to apply for an UK residence card that will give you 5 years in the UK (in your case NI). If they are not exercising their EU treaty rights (i.e. not working/studying/being self-sufficient with medical insurance) you will not get this EEA residence card. In that case, I think you are going to have problems. If your step-father also has British citizenship (even if he doesn't have a British passport) he will not be able to sponsor you. It may only be down to your mum.

Can you mum work? Can she get a part-time job of about 15 hours per week and then apply for a residence card for you? Any job with pay slips/formal contract will be fine. She must be able to provide proof of her job.

I'm not sure that Irish citizenship can be passed on to a family member other than a spouse from Northern Ireland. You should have a look at the laws on the INIS website. I can only see a mention about spouse of an Irish citizen.

You need to sit down and talk about this in detail with your parents. They cannot ask you to do this by yourself. You need their support, at least in terms of the documents/information that they can provide you with.

I would recommend that you contact the Law Centre NI ASAP: www.lawcentreni.org; email: admin.belfast@lawcentreni.org; you can call them on: 028 90244401

There is also the Belfast Migrant Centre: http://belfastmigrantcentre.org

Please get in touch with these places ASAP. Don't leave it too late!

[katie18888]

Thank you so much for replying me, I am going nuts I have researched and talked to an adviser and solicitor and Im still wondering around with no answers. Both of my parents don't have a job. But I have a part time job would that do anything? That is right they do support me its just they don't work

[katie18888]

Would I get deported?

[chaoclive]

Can't you plead with your mum for her to get a job? Your work is irrelevant.

You didn't say whether or not she has British citizenship. If only Irish then her working would be enough. You could probably apply as a dependent of an Irish (EEA) citizen who is exercising her treaty rights in the UK. Is she not working because she is disabled/sick? Any kind of job would be possible and self-employment would probably work too, but you need to be able to prove that she is really trying to work, not just to make it 'look' real.

Another thing you could consider: was your mum working before? If so, when (Dates)? Do you have proof of this work for a period of 5 years in the UK? If so, have you been in the UK when she worked here (for the whole 5 years)?

I'm not sure about deportation - let's not worry about that just yet. I really recommend that you talk to the Law Centre NI. They are really nice and, provided you give them enough information, they will probably be able to help you for free (or recommend another organization who can help).

Where do you live in NI? Belfast? There may be other support groups who could help in other parts of NI. Check google. Reach out to everyone you can. Also, you could post on: www.britishexpats.com or on boards.ie. You might get lucky there. There must be someone who has tried to apply for Irish citizenship through a parent in NI.

You need to discuss this with your mum. Tell her the seriousness of the situation. This is not something that a kid should have to worry about on her own!

[katie18888]

My mother is only an Irish Citizen, she hasn't been working since she arrive in the UK. I don't see her working in the near future either, as she has problems with speaking to other people that she'd rather stay at home with my younger sisters.

I have rang different adviser but nobody can understand my situation. My mother haven't got a clue about Immigration as her husband has been doing all her paperworks for her.

My relationship with my Stepfather isn't great. So I'm basically on my own. I'm so stress out. I live part of County Tyrone in a small town

[chaoclive]

Oh dear. I'm sorry to hear that. If you could get your mum out to work at all that would be great. Perhaps she could become self-employed from home? E.g. set up an online business/bake cakes/hairdressing/looking after other people's pets? I'm just clutching at straws here.

Talk to her about this. Have you spoken to her yet? She needs to know. Don't just hide it from her and then one day something negative happens.

I'm originally from Tyrone (living in China now) and I'm really sad that I can't think of anything else that might help you. STEP Migrant Support centre is in Dungannon (not sure if that's close to you): http://www.stepni.org/migrant-project-overview.asp. Go and talk to them/phone them. You need to try something. You always say that you've talked to many people and not got answers - well, that's cos you haven't found the person yet. Get posting on the 2 boards I gave you above. If people don't understand your situation - you need to sit down with them and talk it over. It's coming up to holiday time soon - you will have the chance to go and look for help during the summer. Plan to go and talk to these migrant groups. I'm sure they would be able to help you.

Unfortunately, I don't know how else to help you (apart from trying to persuade your mum to find a part-time job; even if it is one looking after children/animals if she doesn't really like to interact with other people), but I don't believe that no-one else can. You have to stay proactive!

Good luck!

[katie18888]

Thank you so much for taking your time on me. I appreciate it! WOW china! lucky you..
I'm like stuck on an island haha but I will do and research as much as I can.

[chaoclive]

Hope it was worth my time! Hope you get sorted out.

I'm going back to the island in July! Can't wait to leave China hehe.