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The wife bringing her 2 children

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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cuttingman33
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The wife bringing her 2 children

Post by cuttingman33 » Mon Mar 25, 2013 1:39 am

Hi all, I hope you can help, much appreciate any advice.

I'm in the UK and I have dual nationality British and Italian. I got married to a Brazilian and we applied for EEA2 Residence Card about 6 months ago so hopefully it'll arrive any day now.

The wife is currently in Brazil and she wants to bring her 2 children over. From what I've read she should be ok to enter since we have an application pending. But can the children enter as well? Can we say they are here for a holiday? Was thinking of buying tickets valid for 6 months as I believe that is the maximum they can stay. Once here I was going to do the paperwork so they can stay permanently. She says she has organised the paperwork her end that their fathers have allowed them to come.

So from my understanding they'll get to Heathrow and passport control should hopefully just stamp their passports as tourists with 6 month stay?

Thanks
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vinny
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Post by vinny » Mon Mar 25, 2013 2:46 am

Did you live with your wife and work in another EEA country?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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cuttingman33
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Post by cuttingman33 » Mon Mar 25, 2013 2:55 am

We've been living together in the UK for 1 year. I've not worked in another EEA country.
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vinny
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Post by vinny » Mon Mar 25, 2013 3:26 am

See also EUN2.16 Can family members of dual British / Irish nationals qualify for an EEA family permit? and McCarthy judgment.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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el patron
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Location: Northern Ireland

Post by el patron » Mon Mar 25, 2013 9:22 am

The children may fall outside of the scope of the transitional provisions because their first applications will be made after the October 2012 cut-off date. My initial thought, worth applying anyway once they are in the UK, Art 8 argument looming for an appeal.

Also worth noting the only UKBA fee to decrease in April is the one payable on applications for renunciation of British citizenship.
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Obie
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Ireland

Post by Obie » Mon Mar 25, 2013 9:28 am

So far I have not seen a lot of refusal on the basis of dual nationality, lately.

However it is worth noting that this is an option open to them.
Smooth seas do not make skilful sailors
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cuttingman33
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Post by cuttingman33 » Mon Mar 25, 2013 9:58 am

They are flying this week, so my concern right now is how to ensure they get entry at heathrow because tickets aren't cheap.
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el patron
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Location: Northern Ireland

Post by el patron » Mon Mar 25, 2013 10:31 am

Where were you born Cuttingman?
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cuttingman33
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Post by cuttingman33 » Mon Mar 25, 2013 10:46 am

el patron wrote:Where were you born Cuttingman?
England.
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cuttingman33
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Post by cuttingman33 » Tue Mar 26, 2013 1:41 pm

Having read some more I'm wondering if I should of done a family permit? Can my wife say she's coming to join me, show the COA and wedding certificate? They'll have to allow her in while the application is pending?
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vinny
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Post by vinny » Tue Apr 02, 2013 11:58 am

cuttingman33 wrote:I was born in the UK and have Italian heritage. My wife is Brazilian and she has just received her EEA card valid for 5 years.

Her 2 daughters have come to the UK for a 6 month holiday. What paperwork do I need to do now for them to remain in the UK?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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cuttingman33
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Joined: Mon Mar 25, 2013 1:22 am

Post by cuttingman33 » Tue Apr 02, 2013 3:05 pm

vinny wrote:
cuttingman33 wrote:I was born in the UK and have Italian heritage. My wife is Brazilian and she has just received her EEA card valid for 5 years.

Her 2 daughters have come to the UK for a 6 month holiday. What paperwork do I need to do now for them to remain in the UK?
Not really the same question, but anyway some advice on this would be great.
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Directive/2004/38/EC
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Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Apr 02, 2013 10:36 pm

McCarthy is worth being aware of: http://eumovement.wordpress.com/2012/07 ... y-british/

Please let us know if you have any problems in the future.
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