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EEA family permit for UK/Irish (N.Ireland) Citizens Partner

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

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Raven80
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Posts: 5
Joined: Mon Aug 11, 2014 7:16 am

EEA family permit for UK/Irish (N.Ireland) Citizens Partner

Post by Raven80 » Tue Aug 12, 2014 11:50 am

Hi,

My husband is a Belfast native and an Irish & Australian passport holder. We were married in Belfast in April 2014, but still live in Brisbane together. I have never lived in the UK. Our plans are to move at the end of the year to settle in Belfast, and I feel like I am hitting my head against a wall with the application for a UK Spousal Visa, e.g. the internet application does not have "Spouse" as an option for your Sponsor, the agency I spoke to is having issues since my husband's passport says "Irish" but that isn't necessarily "British" ... just to name a few.

Will renouncing my husband's British citizenship then allow me to apply for an EEA Family Permit visa? Officially, he will then be an Irish citizen living in the UK. I know that there have been some cases regarding the Irish/British issue that Northern Irish face. I also read that there was the "right to free movement" as a clause, and apart from living in Australia, my husband has only ever lived in Belfast and London (20 years ago)

I have a lot of questions - does my husband need a job before going to the EEA? Do I have to wait until he is back in Belfast before applying for the EEA family permit? Can I work as the spouse on a EEA permit? What financial requirements are there? And what is the time frame for renouncing the British citizenship and/or the EEA permit?

Please help! I was hoping for some advice.

Thanks :)

GRY3645
Newly Registered
Posts: 5
Joined: Mon Jul 21, 2014 8:02 pm

Re: EEA family permit for UK/Irish (N.Ireland) Citizens Part

Post by GRY3645 » Tue Aug 12, 2014 12:39 pm

I am currently Renouncing my British citizenship to be only Irish, apparently this works and every lawyer i have spoken to agrees that once renounced you can apply for an EEA family permit (I had my wife's refused recently on account of still holding British nationality).

Essentially you will be a National of an EEA member country living in the UK of which you are not a national. I understand completely not wanting to go the British spousal route as it is completely unfair and anti family.

Hope this helps

Raven80
Newly Registered
Posts: 5
Joined: Mon Aug 11, 2014 7:16 am

Re: EEA family permit for UK/Irish (N.Ireland) Citizens Part

Post by Raven80 » Wed Aug 13, 2014 2:25 am

Thanks for the response and advice GRY3645.
My understanding is that by renouncing BC we "sidestep" the McCarthy ruling about not using our freedom of movement.My husband has never lived in another EU country but by then being Irish he will exercise his freedom of movement.
How long ago did you submit your renunciation?Ive heard it can take approx 3 months.
Ive read on this forum of quite a few people talking about doing it but know one who has actually done it and been granted an EEA FP.
What plausible reason would you give for renouncing BC?
Thanks again. :)

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