A BRIDPORT family is being torn apart by the British immigration rules.

Teacher Peter Boon faces a costly court battle to bring his Chinese wife of 10 years to the UK – even though EU citizens can bring their non-EU spouses to the UK with no visa.

His family has been separated by the ruling and he is furious that EU citizens have more rights in Britain than he does.

His wife Julie has been forced to stay in China while he and their daughters Annie, seven, and Emily, five, live to England so he can fight the ruling in the courts.

He said: “The system is flawed and hugely unfair. Why do Europeans deserve more rights than British citizens do in their own country?

“My kids miss their mum so much. They keep asking when mummy is going to join us. They don’t understand why she can’t be here.

“Julie hates being separated. I send her 30 photos a day of the girls, so she can see everything that they’re doing. We just want to be together.”

Last year the European Court of Justice decided that Britain can no longer require visas for non-EU family members of EU citizens wishing entry to the UK provided they are settled in another EU country.

So while Peter is unable to bring his Chinese wife to the UK, an EU citizen would face no obstacles bringing a Chinese wife or husband to live in Britain with them.

Peter and Julie met after being introduced 11 years ago when Peter, 34, was teaching in China.

But in the last year Peter’s work dried up and they decided to return to England temporarily so Peter could do a master’s degree in teaching English as a foreign language to better his job prospects in China.

They have no wish to live long term in England and own a house in China, which they plan to return to.

The British Embassy advised applying for a long-term family visitor visa for Julie to let her stay in England for a year, if she returned to China briefly after six months.

However, her first application was turned down because officials claimed they had not provided sufficient supporting documents.

Then, despite providing the necessary documents, a second application was also rejected because Julie failed to declare that she has no Chinese dependents.

Peter said: “Nowhere on the application form did they ask to know this. They asked if she had any dependents and she put down her two British children.

“They said they can’t be sure Julie will leave the UK after six months, but they haven’t said what they need to prove that she will.”

Peter is living with his mother Fay in Bridport while he awaits a court hearing, which may be in December.

He and Julie decided it would be better if their children came to England too, because Peter’s mother could help with childcare, whereas Julie has no family support in China.

He said: “I should be out working to provide for my family but I’ve suddenly become a single father and I’m needed at home.

“We have the money saved up to pay for my master’s – Julie and I were only planning on putting into the economy while we are here.

The Home Office said it could not comment on individual cases.

However, a spokeswoman added: “EU law allows EU nationals who are exercising free movement rights in another member state, to be accompanied by their non-EU family members without having to meet the conditions set out in national immigration legislation, eg the rules which apply for family members of British citizens living in the UK.”