Kids of non-EEA partner married to an Irish citizen in UK

[qasi]

Hi,

I have already sent my permanent residency (in process) on behalf of European national marriage (Irish national) to get permanent residency which will take up to 6 months. My wife is Irish and I am an Indian.

My Irish wife and I both are in full time employment.

Before I came in UK I left my two sons in India with their mother ,we split up in 2003 and I came to UK 2003, now my kids age10 and 12 wants to join me as soon as possible.



Q1.

Can I apply their visas as extended EEA family before I get permanent residency or shall I wait to get permanent residency?

Which form I need to fill?

Do I need any consent from my kid’s mother although she is willing to let them go and is wish them to settle with me in UK?


Q2.
After getting the Permanent Residency, Is it possible for me to apply their visas as extended family member under EEA law? Or afterward I will be not able to use this option of Extended Family Member?

Q3.

If I cannot apply under EEA law then can I apply under UK law?

Which form I need to fill, if i apply under UK law?

How much it cost me for two kids?

Q4.
If I can use any option of these two options. Then I would like to know that which option will be better for them? Either UK law route or EEA law route?
(1. In which route they can get the visas more easily?
2. In which route they can get the Permanent Residency early?
3. In which route their stay and status will be more secure in UK? )

Q5.

What are the requirements to fulfill for some parent to apply visas for kids under UK law?

looking forward for answers, as I really need this information.

[Jambo]

Your children (even from previous marriage) are direct family members. They are not extended family members. You will need to provide evidence of your ex consent for bringing the children.

You can use the EEA route before or after you have PR. It doesn't matter as the application is based on your partner who is "sponsoring" them. If you want to apply based on you, you will need to use the UK immigrations rules once you hold PR.

If using the EEA route, they will need to apply for a EEA Family Permit from India. You will need to provide your current wife passport copy, marriage certificate, birth certificate and proof of her exercising treaty rights (or proof of PR).

EEA route is free and simple and gives PR after 5 years. Both routes provide similar security in the UK although by using the EEA, they are dependant on your current wife (not really an issue as you could make another application if for some reason you get divorced).

Why are you asking about getting them PR? Is it for future British citizenship application? As they are born abroad, PR is advisable for children application but it is not a requirement. As the application is at discretion, you can apply without although I believe the HO would expect them to have been living in the UK for several years before (to show links and future with the country).

[qasi]

Hi,

Thanks very much for your reply,i really appreciate.
Could you please advise me that which form i need to fill if i follow EEA family member route?


regards,
Qasi

[Jambo]

Check Applying for visa from India pages to see what is needed.

The actual application form is filled in on-line - UK visa applications online.

[qasi]

i need to go through the form first to find the exact information before i go ahead,
i really appreciate if u could write down the name of form,e.g. EEA2 or EEA3 etc.thx

[Jambo]

VAF5

[qasi]

Thanks,If i follow UK route, could you please write down the name of the form as well LIKE U WRITE VAF5 ,i need to go through the form to assess what documentations i need,ta

[Jambo]

Thanks,If i follow UK route, could you please write down the name of the form as well LIKE U WRITE VAF5 ,i need to go through the form to assess what documentations i need,ta

VAF4A.