EEA Family permit after renouncing British Citizenship.HELP

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Fingers are firmly crossed! Thanks Chaoclive

This whole process has been a living hell and has taken nearly one year! If my mother didn't hold polish citizenship we would never be able to do this, so on the other hand I feel rather lucky, but it makes me mad that the Uk rules make this so hard and having to renounce my citizenship is very unfair!
Explaining our situation to people feels ridiculous and no one really seems to understand

Hoping we get his permit!

[Directive/2004/38/EC]

If the Polish citizen is working (and is not a serious criminal), then there is no way for them to legally refuse the EEA Family permit (if the non-EU citizen is outside the UK) or Residence Card (if they are in the UK).
Also if they are self sufficient (and have insurance).

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If the EU citizen is moving to the uk they do not need to show they are working for the first three months.

[Directive/2004/38/EC]

If the EU citizen is moving to the uk they do not need to show they are working for the first three months.

This gets me thinking.

Since the UK claims to not recognize dual citizenship for EU free movement law when the person is British, then the initial three month period should start from the effective date the British citizenship renunciation. There should be no particular need for the (now not British) Eu citizen to leave the UK and reenter.

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So today the embassy emailed us saying that my husband does not qualify for an EEA permit because me his wife is british!!!
We sent all the documents of my British Citizenship renunciation!
HELP! What to do?
They are saying he needs to apply for settlement? and we must withdraw the application?
I have written back and no response! \

Any advice what we should do please help!

[chaoclive]

So today the embassy emailed us saying that my husband does not qualify for an EEA permit because me his wife is british!!!
We sent all the documents of my British Citizenship renunciation!
HELP! What to do?
They are saying he needs to apply for settlement? and we must withdraw the application?
I have written back and no response! \
Any advice what we should do please help!

The only thing you can do is to ensure that they know that you have renounced British citizenship. Draw their attention to the renunciation certificate and perhaps send them a copy by email (scanned) as proof. Once you make sure that they have this information and acknowledge it, they will have to give him an EEAFP!

Draw their attention to this Freedom Of Information request (one of mine btw): https://www.whatdotheyknow.com/request/ ... ing-572263. This PROVES that he is entitled. "A person who held dual British/EEA citizenship, and who has renounced their British citizenship, will be considered an EEA national for the
purposed of the Immigration (European Economic Area) Regulations 2006 (as amended). A person who has brought themselves within the definition of EEA national under regulation 2 by renouncing their British citizenship will be in the same position as an EEA national who has never held British citizenship." Send them the link and point out that the answer was provided by the European Policy Team within the Home Office in October 2014.

Also, make a request to Your Europe Advice via: http://ec.europa.eu/eu-rights/enquiry-c ... origin=yea. I think you should use both: 1) Personal advice regarding my EU rights and 2) Help to get my EU rights recognized options. That way you are more likely to get a response.

Also, submit a complaint to the European Commission via: http://ec.europa.eu/atwork/applying-eu- ... int_en.htm. I know that this takes a long time but, you never know, you might get something quicker and it's better to have all bases covered.

Good luck! They are clearly wrong! Fight it!!!

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Wow I can't thank you enough......

So very frustrated right now! plus it's the weekend and no way of getting anything done after the email I sent them one stating that they should check the documents again,and they responded by saying that my passport is valid and I am British! I then replied and have had no reply,they say we must withdraw the application! I told them we won't! I wonder what will happen?

I will send the link you provided me with and hope they will actually read it! great link, thank you

I won't give up! it's taken so long to get this far........

your help is greatly appreciated

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We would like to inform you that you do not qualify for EEA FM. Therefore, you will need to withdraw your current application and reapply for settlement. In order to withdraw your application, please send your confirmation notice to this e-mail address. Once we receive your confirmation, we will send your passport and documents back to the Visa Application Centre.


this is what they sent! I then asked why? and they said because I am British!!!!

[chaoclive]

We would like to inform you that you do not qualify for EEA FM. Therefore, you will need to withdraw your current application and reapply for settlement. In order to withdraw your application, please send your confirmation notice to this e-mail address. Once we receive your confirmation, we will send your passport and documents back to the Visa Application Centre.


this is what they sent! I then asked why? and they said because I am British!!!!

Another option to see if your renunciation has really been processed by the Home Office (And the renunciation certificate has not been issued in error) is to submit an application for an Subject Access Request (SAR) from them. See here for info: https://www.gov.uk/government/publicati ... mmigration. You will have to send them a cheque for 10 pounds and it will take a while, but it will confirm the information that they hold on their systems about you. DON'T ask for specific information about your renunciation. Just request ALL info held about you.

You can also make your own freedom of info (FOI) act request. See here: https://www.gov.uk/make-a-freedom-of-in ... mation-act. Ask something along the lines of my request (linked to above) BUT don't ask for specific info about your own case. Personal requests are not covered under FOI.

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Brilliant thanks

I'll try everything! Now we will wait for some kind of response and if they return our documents we'll just apply again.
Hoping they will check it all again and say something!

I emailed them the link you sent me

[chaoclive]

Brilliant thanks

I'll try everything! Now we will wait for some kind of response and if they return our documents we'll just apply again.
Hoping they will check it all again and say something!

I emailed them the link you sent me

Hope they reply on Monday morning! This is ridiculous!

They can access your renunciation on their systems. There is no excuse for saying that you're still British.

Do you have a copy of your renunciation certificate? Hope so!

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Oh I really hope so! it really is so annoying
if they refuse we will just reapply.......

Thank you

[chaoclive]

Oh I really hope so! it really is so annoying
if they refuse we will just reapply.......

Thank you

Get all the wheels moving - Solvit/Your Europe Advice and the FOI request will all take a bit of time.

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Today we received an email saying Sorry for not replying and that the Entry Clearance Manager has recommended that our application be given to an ECO and that we do not need to reapply.

Do you think it sounds hopeful?

Hope so!!

[chaoclive]

Today we received an email saying Sorry for not replying and that the Entry Clearance Manager has recommended that our application be given to an ECO and that we do not need to reapply.

Do you think it sounds hopeful?

Hope so!!

Should be positive! It sounds like they have realized their mistake.

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We got it!!!!

In the UK now.
Thanks for your help!

Any advise for the EEA2?

[chaoclive]

We got it!!!!

In the UK now.
Thanks for your help!

Any advise for the EEA2?

Super. Well done

Not too much advice for the EEA2; we're still waiting on ours! Are you gonna get EEA1 first? Obviously it will take some time for your wife to get her documents in order.

Read through this thread: http://www.immigrationboards.com/eea-ro ... 13833.html. I have posted bits about my experience towards the end.

[Directive/2004/38/EC]

Which EU passport did you submit with the application? Did you mention in the application that you had once been a British citizen?

[chaoclive]

Which EU passport did you submit with the application? Did you mention in the application that you had once been a British citizen?

I renounced British citizenship so I couldn't have possibly used my British passport. I did mention this in my partner's application. I enclosed my renunciation certificate and noted it all in my cover letter.

See here for an FOI request that I placed a few months ago: https://www.whatdotheyknow.com/request/ ... ing-572263.

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Thanks Chaoclive!

We are just having a problem with my husband being able to open a bank account?

Also can he apply for an NI number on the permit?

Thanks so much and Happy New Year!

[chaoclive]

Thanks Chaoclive!

We are just having a problem with my husband being able to open a bank account?

Also can he apply for an NI number on the permit?

Thanks so much and Happy New Year!

Yes; he can apply for the NI number on an FP; call the number below and tell them the situation:

"Try to get her to the UK asap and get the documents ready to submit an EEA2 application. Have your son prepare his contract of employment/pay slips or a letter from his employer and proofs of his residence. If he wants to, he could apply for EEA1 (registration certificate) to prove that he is exercising treaty rights in the UK and that he is a European citizen. My EEA1 took 29 days.

He will also need to get his wife some bills with her name on it. The fastest for us was the TV license (which I paid for the day before he arrived), add her name to the electricity/gas. Then she will need to apply for a national insurance number (call to request a form: 0845 6000643) and open a bank account. The Cooperative Bank gave my partner a basic bank account (called Cashminder) with his TV license and passport. After a month of using this, he was able to open a normal full bank account from Ulster Bank here in Belfast (part of RBS Group)."

This is from my other post on renouncing British citizenship: http://www.immigrationboards.com/eea-ro ... 3-100.html

I recommend getting the TV license in his name first then everything becomes easy! Coop Bank were quite accommodating to opening an account on the TV license alone. After you have one bank account, it makes things easier!

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Thank you!
Been away for a while.

So we have applied for the NI number and we are setting up our business,just need to get my husband his bank account,we will try to add him to a bill,thanks for the advice
I just wanted to know how long we have before my husband needs to apply for the EEA2 ?
I need to build up documents to show my self employment! nervous that time is ticking
Is the EEA1 na nesesity?



Thanks so much for your help

[chaoclive]

Thank you!
Been away for a while.

So we have applied for the NI number and we are setting up our business,just need to get my husband his bank account,we will try to add him to a bill,thanks for the advice
I just wanted to know how long we have before my husband needs to apply for the EEA2 ?
I need to build up documents to show my self employment! nervous that time is ticking
Is the EEA1 na nesesity?
Thanks so much for your help

Hey; no problems re: the advice.

There is no time limit for him to apply for EEA2. You can apply any time after you have the required info, e.g. proof of your self-employment/proof of both your residences in the UK etc. He won't become illegal, even when his EEA FP expires. Of course, it's better to apply asap, as you will be able to breathe a sigh of relief and travel won't be so difficult.

EEA1 is not necessary at all but I did it as I had all my documents together really quickly (I'm employed). My EEA1 took 29 days from application to issue. Of course, it may take longer depending on the info that you provide.

You could also consider getting a part-time job just to tide you over whilst you get ready to apply...however, you need to find somewhere that provides payslips and which has a number that can be contacted by the Home Office.