EEA thai wifes PR refused...can ukba throw her out of uk ?

[dmax]

wife has been here legally since around 6 years, she has been turned down for her permanent residence, ukba told her basically to leave now !! she is appealling the decision and its going to tribuanal. we have 1 4 year old daughter born here in uk with uk passport. if wife does not win tribunal. can home office deport her and my daughter ?

i am eu citizen excercising my eea treaty rights, i am dual passport holder british-irish, living in belfast / uk.

if she loses case what options are open to her

thanks

[geriatrix]

Why has the PR been refused?

[vinny]

What further grounds did the UKBA have to refuse after you won the children's appeal? They are probably linking these grounds to your wife's PR application.

[wiggsy]

See Zambrano in regards to if your wife loses the appeal. As mentioned on your other thread, the every child matters document etc. (whilst nothing is impossible) it is very highly unlikely anything will happen to your wife since you have a british child together.

The UKBA / Home Office have has my wife on the Sec 10 removal proceedures since 2010.

[dmax]

hi thanks, but if she is not granted pr in tribunal , unlikely , what will happen to her, will she be granted another 5 year residence stamp EEA permit ? will she be allowed to fly out of uk without fear of not being allowed to re enter ?

she needs to fly to thailand now to see her children, she hasnt seen kids in nearly 2 years.

ps !! her file is with lawyer , i forget reason why she was refused, lawyer i remember couldnt understand the desision...probably she failed to provide evidence but she did send them everything, ukba are just giving her a hard time .

[EUsmileWEallsmile]

One of the reasons we prefer people to keep to one thread is that all the information would be in one place.

I recall a number of points about your case, but cannot remember everything. It would be worth your while summarising your situation.

Have the twins got their family permits having won their appeal?

[dmax]

sorry......the reason i started this new thread is because its about my wifes pr. not the twins appeal. the twins appeal has been won on both counts in high court april 2013, ukba tried launch an out of date appeal against it but judge told ukba she was dismissing their appeal attempt and that they had allready 3 years to sort the matter out after first denying kids entry which in her view was wrong, so ukba has since notified me , as i had written to them and told them my lawyer is issueing proceedings against them and i want kids papers released now, but ukba told me they cannot release papers as this case is a complex case and it is currently in the hands of their legal team. that was 2 weeks ago. my wifes tribunal date should be within next couple months hopefully. hopefully she will win. if she doesnt , then what could her future options be, she is frustrated she cannot travel outside uk to see her kids and family now for 3 years. thanks

[EUsmileWEallsmile]

I am going to lock this thread to avoid people answering you twice.

It would appear that you have legal advice already. It might be better to pursue that.

I would not recommend that your wife does any traveling until her situation / appeal is completed. I would pursue getting the children's family permit through the existing appeal.

It is possible that your wife could obtain either a residence card (or even a permanent residence card) given that the children's appeal was successful. I don't know the circumstances for her refusal, but know that a standard letter tends to be sent out to applicants who've failed to demonstrate PR entitlement.