Widowed Thai mother faces deportation from UK

**DrB0b** · 10-02-2015, 09:07 PM

Originally Posted by jamescollister

Originally Posted by DrB0b

^Blimey james. How many times does it need to be explained? No, YOU CANNOT GET AN EEA FP TO TAKE YOUR FAMILY TO YOUR HOME COUNTRY!

It's not a Visa, even though the British Government like to pretend it is. It is documentary evidence of a fundamental EU right and is used to show that the holder is legally allowed to reside and travel in the EEA.

So how does she have one and if I move to Erin or travel to the UK on an Irish passport can we get an EED visa.

All answers here;

https://www.gov.uk/family-permit/overview

**jamescollister** · 10-02-2015, 09:39 PM

Originally Posted by DrB0b

Originally Posted by jamescollister

Originally Posted by DrB0b

^Blimey james. How many times does it need to be explained? No, YOU CANNOT GET AN EEA FP TO TAKE YOUR FAMILY TO YOUR HOME COUNTRY!

It's not a Visa, even though the British Government like to pretend it is. It is documentary evidence of a fundamental EU right and is used to show that the holder is legally allowed to reside and travel in the EEA.

So how does she have one and if I move to Erin or travel to the UK on an Irish passport can we get an EED visa.

All answers here;

https://www.gov.uk/family-permit/overview

Net worked to get that site, no pictures I guess, just writing.
By that, it's a yes, no mention of 3 rd country, UK resident can apply, no prices though.
When my nets back up to speed will have a better look, but looks doable depending on cost.
Kids I think can enter the UK on OZ passports anyway, wife, even with OZ PR needs a visa, it's a time thing,
Sure we can all go any time, just how long we can stay is the question, this EED visa seems to give multiple entry rights, without all the other problems.

**DrB0b** · 10-02-2015, 09:52 PM

Originally Posted by jamescollister

By that, it's a yes,

No, you're a UK citizen, you cannot get this to bring a family member to your own country except in the rarest of cases.

Originally Posted by jamescollister

UK resident can apply

Yes, but not a UK citizen. There are other routes for family members of UK citizens.

Originally Posted by jamescollister

no prices though

It's free.

You don't qualify. "YOU CANNOT GET AN EEA FP TO TAKE YOUR FAMILY TO YOUR HOME COUNTRY!" and even though you've only ever spent a few months in the UK the fact that you're a British Citizen means your family are not eligible for EEA Family permits in Britain. If you want to go live and work in another EEA country then, sure, they'd qualify, but they'd still only have residence rights in the country that granted the permit, not in the UK.

**Neverna** · 10-02-2015, 10:32 PM

Originally Posted by jamescollister

Originally Posted by DrB0b

^Blimey james. How many times does it need to be explained? No, YOU CANNOT GET AN EEA FP TO TAKE YOUR FAMILY TO YOUR HOME COUNTRY!

It's not a Visa, even though the British Government like to pretend it is. It is documentary evidence of a fundamental EU right and is used to show that the holder is legally allowed to reside and travel in the EEA.

So how does she have one and if I move to Erin or travel to the UK on an Irish passport can we get an EED visa.

James, you said you have a UK passport. If you have a UK passport, you can live and work legally in the UK. You don't need a visa. I believe Irish passport holders can travel freely in the "common travel area" of the UK, Ireland, the Isle of Man, Jersey and Guernsey and work in the UK. Irish passports will be EU passports so I don't see any problem there at all. Does your wife have an Irish passport?

**Neverna** · 11-02-2015, 12:09 AM

Back on topic. A timeline.

Om Gorry married her British husband in 2004 and moved to the UK to live with him in 2004.
Between 2004 and 2007, Mrs Gorry applied for permanent residency in the UK, which she was granted.
She moved to Thailand to take care of her sick parents in 2007. Her father died shortly after. She stayed in Thailand.
Her mother died in 2010 or 2011. She continued to stay in Thailand.
Her husband died aged 36 in a car crash (in Thailand?) in 2011.
Om returned to the UK in April 2014.
She was granted a temporary European Economic Area Family Permit visa, valid for 6 months.

Om's two children James, aged ten, and Emily, four, are both British citizens and entitled to remain in the UK.
Both children have now settled in at a local school. They have been at school in the UK for less than one year.
Ben must have been to school in Thailand for at least 4 years.

There’s a petition to “stop the Home Office from trying to separate a widowed mother from her two children”, but the Home Office isn't doing that. All three can return to Thailand together. The issue is the "derivative right of residence".

You can apply for a "derivative right of residence" if you’re from outside the European Economic Area (EEA) and the primary carer of one of the following:
a British child who would have to leave the EEA with you if you left

More details here:https://www.gov.uk/derivative-right-...ce/eligibility

So it seems to turn on how one interprets if a British child "would have to leave the EEA".

NB: There are differences in dates from different sources.

Huge response to petition to stop deportation of widowed mum (From Daily Echo)

https://www.change.org/p/david-camer...in-an-unlawful

**wasabi** · 11-02-2015, 12:25 AM

To obtain an indefinite leave to remain ILR
You have to pass the U.K citizenship examination in English.

Have you ever looked at any of the questions, it would be fun to post them on here and see how many answers you can get right.

**Chittychangchang** · 11-02-2015, 01:10 AM

Originally Posted by wasabi

To obtain an indefinite leave to remain ILR
You have to pass the U.K citizenship examination in English.

Have you ever looked at any of the questions, it would be fun to post them on here and see how many answers you can get right.

It's called the life in the UK test, good idea for a thread.

**Phoenix** · 19-02-2015, 09:37 AM

Originally Posted by navynine

Not very different than the land of Thai, if your wife dies you lose your visa.

Unless you don't tell immigration she has died. Knew a bloke who's wife died young and he just kept using the marriage license....no questions asked and he didn't tell.

**jamescollister** · 19-02-2015, 12:37 PM

Originally Posted by Phoenix

Originally Posted by navynine

Not very different than the land of Thai, if your wife dies you lose your visa.

Unless you don't tell immigration she has died. Knew a bloke who's wife died young and he just kept using the marriage license....no questions asked and he didn't tell.

Hows he doing that, Multi O spouse you need to prove you live with your wife, letters etc.
Extension of stay they check out your address and have access to the ID data base.

If you are staying on a dead wife's name, you are likely going to get done one day, those pesky computers see all.

**CaptainNemo** · 22-02-2015, 07:15 PM

Surely in Thailand, all things are possible? A few hundred for "replacements"?

**Pragmatic** · 22-02-2015, 07:36 PM

Originally Posted by jamescollister

Extension of stay they check out your address and have access to the ID data base. If you are staying on a dead wife's name, you are likely going to get done one day, those pesky computers see all.

I know a guy that was doing the same. He was getting his visa in the UK based on his Thai marriage cert so I understood. He no longer does that and gets a retirement extension/visa, under the table, in Jomtien/Pattaya instead.

**jamescollister** · 22-02-2015, 08:31 PM

Originally Posted by Pragmatic

Originally Posted by jamescollister

Extension of stay they check out your address and have access to the ID data base. If you are staying on a dead wife's name, you are likely going to get done one day, those pesky computers see all.

I know a guy that was doing the same. He was getting his visa in the UK based on his Thai marriage cert so I understood. He no longer does that and gets a retirement extension/visa, under the table, in Jomtien/Pattaya instead.

If he was getting a muti O in the UK on a dead wife, he had to forge a letter from her saying they were together.
Big risk for a visa, carries up to 2 years prison in Thailand, plus you need a current copy of her ID card, so you can only run the scam until the ID card expires.

They had a crack down a few years ago, on people getting Multi Os on wives they weren't living with.
Think there was a story recently about some sort of marriage scam in Chang Mai for visas.
Too risky playing these games.

**toddaniels** · 25-02-2015, 08:23 AM

OFF-TOPIC:

Phoenix; this was the exact reason that extensions of stay based on marriage to a thai national go "under consideration" for 30 days. It's also the reason that here in Bangkok (as well as other offices) you have to provide pictures of you/your thai wife in front of your address numbers, in the house sitting around AND why immigrations is supposed to come suss out if you're really married/living with your thai wife, or sometimes they tell you to bring two witnesses from your neighborhood to the immigrations office..

Now someone could waltz up to a "soft-touch" Thai Consulate/Embassy with a marriage certificate (of a dead wife) and get a year long multi-entry Non-O with little problem, however that necessitates a run-4-the-border every 90 days..

I think the days of a lot of the funny business, the back door visa extensions, and the b/s foreigners pull to stay here are comin' to an end sooner rather than later.

I looked at the data they had on a foreigner when I turned in a 90 day report in Bangkok.. Current passport number (previous passports), name, age, country, exits/entries into the country, the type of extension, their address (addresses if they moved around), the date their current extension expires, and a LOT more stuff popped up on the screen. Now that all border crossings are linked (when before they weren't) to the main data base, I think it's getting tighter to do spurious stuff..

Plus there's be a HUGE rash of "sudden and unexplained transfers" of immigrations officers who were known for back door visas, shady deals, etc.

There was also a BIG scam up which blew up in Isaan; where thai women were going to do some official thing only to find out they were married to arabs, indians, nigerians! Someone was selling their Thai I/D numbers and registering marriages at an Amphur so they could sell extensions of stay! It caused quite a few headz to roll in immigrations AND they canceled all those extensions without telling the people who held them.. They'll find out A) when they go to leave and are charged with holding an extension based on false information (WAY worse than just overstaying), B) when the go to renew their current extension and face the same thing..

Getting legal here is neither a convoluted nor fraught with peril process. It totally wobbles my mind that foreigners continually try to find ways to circumvent the system. Granted some of the documentation they want doesn't make sense and is totally a waste of time, but I stopped looking for logic where there is none to be had here a LONG time ago..

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