Wife's Visa Refused because im also British

[GRY3645]

I have Dual Nationality, British (since birth) and Irish (obtained recently). I got my EEA residence card showing that I am an Irish National living and working in the UK. I had my Non EEA National wifes visa Refused, on the basis that I still hold British Nationality therefore cannot exercise treaty rights in the country of which I am also a citizen of. I sort of understand this, but surely as an Irish National I am entitled to the same human rights as everyone else in the EU (evidently not for British)

Can I renounce my British Citizenship and be considered ONLY as an Irish national living and working in the UK, therefore I must be allowed to exercise my treaty rights and be granted the same basic human right to a family life.

I cannot get my wife to the UK through the British route as I earn just under the minimum income requirement, so I want to exercise my treaty rights as an Irish National.

on the face of it, it would seem that if I renounce my British Nationality I only have Irish therefore I must be treated as an EU national entitled to EU Treaty Rights in the UK. But what I am worried about is if this does not work what other reason can they decide to prevent me from being with my wife. I love my wife very much and we are a genuine couple its heart breaking that we are being kept apart by the UK Home office, and the result of our current application means I cannot see her for a year now.

I have a strong application, Evidence for ongoing and continuing relationship, Marriage, Financial Support, proof of employment, suitable accommodation. I can't imagine any reason to refuse on these grounds but I'm worried about a conflict with my Nationality

any help would be appreciated

[majamcr]

I am no expert on renouncing British citizenship to use EEA route, but this thread looks relevant:
http://www.immigrationboards.com/eea-ro ... 13833.html

[chaoclive]

Hi OP

My civil partner got an EEA family permit in this way. I renounced British citizenship in April and he received the EEA FP in June. He will be moving over to Northern Ireland in August. So far it works.

A friend of mine h also did the same thing and he husband was issued with an EEA2 residence card recently...

At present, there doesn't seem to be a problem. If you have any questions you can let me know.

CC

[mnbf9rca]

you have to pay to renounce your british citizenship - nearly £1000.

[LunarGirl]

The fee to renounce BC is currently £144. It was £187 when I did it last November so it's a bargain now

[LunarGirl]

OP why would you have to wait a year before you can see your wife again, that sounds awful?

It took 2 months for my confirmation of renounciaton of BC to arrive. If you decide to do this you might only be waiting a few months before you could get your wife to the UK, factoring in how long it takes to get the FP.

[GRY3645]

its good to hear this has worked before, and thanks for everyone's helpful posts it is much appreciated especially at this time worrying if I will ever even get to see my wife in the UK.

@ Lunargirl - to answer your question I realistically cannot see my Wife until next summer as I am working in a job below the minimum income threshold (hence why I am not trying the British route) and as a taxpayer, living alone with high living costs, no benefits, etc. what little savings I have I cannot use any more to visit my wife. as they now have to be used for legal fees on getting her here.

but yes if we were to succeed in the EEA FP then she might be here sooner, but even that takes time. its not something I am going to get my hopes up for, i'm sorry but dealing with the UK home office has made me a very cynical person. its Twice now the Home office have refused my wife entry and destroyed our future plans.

Can anyone tell me how to PM its not allowing me to?

[LunarGirl]

I think you have to have made a certain number of posts before you can PM. From memory, I think it's 10.

[GRY3645]

I think you have to have made a certain number of posts before you can PM. From memory, I think it's 10.

Thanks, I guess ill just keep posting

[LunarGirl]

This route is certainly working presently. You won't have to fork out hundreds in legal fees, there are lots of posts on here attesting to it's success. The EEA FP is applied for at your wife's nearest British Embassy and that should be free. The EEA1 is a voluntary registration certificate to confirm the right to live in the UK for the EEA. It costs £55.
I hope you start to feel a bit more optimistic soon.

[LunarGirl]

Apologies, I see that you knew about the EEA1 and have got it.

[GRY3645]

Thank you once again. I am feeling a bit better about things now but still plan on getting legal support for my case

can anyone tell me how long the EEA1 Registration Card is valid for, wondering if I have to apply again or renew before my new application goes out.

[LunarGirl]

I paid 187 quid to renounce BC last November. I'm refusing to fork out any more to the Home Office. The EEA1 and EEA3 are totally voluntary applications and not required under EU law for the EEA citizen, their rights are acquired AUTOMATICALLY.

In answer to your question though, from what I have read I think that they do not put an expiry date on the EEA1 for an Irish citizen.