Can spouse make UK visa after I renounced my UK citizenship?

[aaron76]

Hi,
I from Belfast and I'm married to a non-EEA citizen. I am in the process of going the EEA route.
I have renounced my British citizenship already.
My wife wants to make a UK visitor visa in order to come here to make the EEA2 permit.
I have been told by my solicitor that there is no conflict regarding visas as the visitor visa is UK and the EEA2 is obviously, EU.
So, my question is, while I am aware that there is the option of out-of-country permission to enter UK, is it still possible for my spouse to make a UK visa even after I have renounced my British citizenship?
Any help would be greatly appreciated.
Thanks

Aaron

[chaoclive]

If you are talking about a UK visit visa and you are an Irish citizen this won't be any problem at all. Irish people who live in the UK are viewed as settled and you will be able to 'sponsor' your partner in her application for an visitor visa. She will then be able to apply for EEA2 (RC) if she likes, as you are an Irish citizen. This visa can be refused as it falls under UK immigration rules.

The best thing to do would be to apply for an EEA family permit as the spouse of an Irish citizen. This visa CANNOT be refused if you are working/self-employed/studying/self-sufficient in the UK. Are you? Then she can go ahead and apply for EEA2.

I am also from NI and renounced my British citizenship at the start of this year. My civil partner is not in the UK on an EEAFP and we have already applied for his EEA2 RC. If you have any questions, just let me know.

[aaron76]

Thank you very much for your reply.
Yes, I am employed. That is the route we want to take.
Maybe I/we are missing something, but selecting the correct out of country application for the EEA permit seems very confusing on the www.gov.uk website.
I cannot see a clear option for my wife to apply for the EEA permit overseas.
Is it as confusing as it appears or am I just overlooking something?
Do we apply for the permit for a partner of an Irish citizen through a different website?
Sorry for all the questions.

[aaron76]

Panic over. We found it.

[chaoclive]

Glad you got it sorted. If you have any questions, just send them here

[aaron76]

Hi,
My wife is worried that the EEA application (through UK immigration route). How is applying as a spouse of an Irish citizen different?
How would we/she go about applying that way?
Thank you,
Merry Christmas!
Aaron

[aaron76]

Sorry, I meant she is worried that the application will be turned down. I think she has been reading horror stories online.

[aaron76]

If you say that the Irish citizen route cannot be turned down, that sounds like the way to go.

[chaoclive]

Hi,
My wife is worried that the EEA application (through UK immigration route). How is applying as a spouse of an Irish citizen different?
How would we/she go about applying that way?
Thank you,
Merry Christmas!
Aaron

Hi there

It's not that she is apply as the spouse of an Irish citizen; she would be applying as the spouse of an EU citizen (you, like I, just happen to be Irish). You will be able to apply for the EEA FP and this cannot be refused by the UK government (unless something changes in EEA law in the future).

If she is worried, what else is she going to do? Does she have another way? She is much more likely to be refused under the UK immigration rules (i.e. those with nothing to do with the EU) as the UK makes its own decisions on these applications. However, the EU law affects EEA FP applications.

We have been through the EEA route and it is simple. We had not issues at all. We're not the only ones either.

C

[aaron76]

Hi,
She is applying for the EEA family permit. I don't think she has any other options in mind, she is just worried.
Sorry, if I'm missing something here, but when you say "under UK immigration rules" are you talking about a different visa entirely?
The EEA family permit route is the only one I know about; I do not have the required income/savings to apply for a UK visa.
I think I misunderstood before. I thought you were talking about the same EEA family permit, but through a different authority.
Sorry, if this seems obvious.
Thanks

[chaoclive]

Hi,
She is applying for the EEA family permit. I don't think she has any other options in mind, she is just worried.
Sorry, if I'm missing something here, but when you say "under UK immigration rules" are you talking about a different visa entirely?
The EEA family permit route is the only one I know about; I do not have the required income/savings to apply for a UK visa.
I think I misunderstood before. I thought you were talking about the same EEA family permit, but through a different authority.
Sorry, if this seems obvious.
Thanks

"under UK immigration rules" = UK visit visa, which is what you mentioned in your original post or the UK spouse visa (which we, as Irish citizens are eligible to have our spouses/civil partners apply for). There is always a risk that a visa will be rejected, but the potential for rejection for the EEA FP is minimal. The EEA FP is the one you should be applying for.

You are over-complicating things. You said your wife is worried, but you know there are no other viable options. I don't see what the problem is! Go for the EEA FP (as I have said before).

[aaron76]

Thanks so much,
I knew I was over-complicating things, but I just had to ask.
The stress is coming from the fact that I arrived in Belfast over a year ago to find employment and my wife remained in Thailand (she didn't want to give up her job at the Hilton if I had no guaranteed employment).
So, what I'm saying is, she is making this application overseas alone, panicking like crazy. I have tried to assure her there are no major problems, but it doesn't seem to be working. LIke I mentioned, I think she may be reading horror stories online.
Maybe some of that has rubbed off on me, too.
Sorry about that.
I wish her application appointment was sooner than 16th Jan so my head can get some peace.
Thanks again

[chaoclive]

Thanks so much,
I knew I was over-complicating things, but I just had to ask.
The stress is coming from the fact that I arrived in Belfast over a year ago to find employment and my wife remained in Thailand (she didn't want to give up her job at the Hilton if I had no guaranteed employment).
So, what I'm saying is, she is making this application overseas alone, panicking like crazy. I have tried to assure her there are no major problems, but it doesn't seem to be working. LIke I mentioned, I think she may be reading horror stories online.
Maybe some of that has rubbed off on me, too.
Sorry about that.
I wish her application appointment was sooner than 16th Jan so my head can get some peace.
Thanks again

She must have been reading the wrong stories! You are no longer British things are easier.

There is no issue with the EEA family permit at all. As long as you provide the right info (payslips/contract of employment/letter from employer/certificate of employment/certified copy of your Irish passport/your renunciation certificate etc) she won't have problems.

Have you sent her all the documents? If not, you will need to get onto it!

[aaron76]

Hi,
Yeah, i think she's been reading the wrong stories, too. Her English is fine, but I suppose it would be an easy mistake to make if they are not in her mother tongue.
I have read slightly varying lists of documents. Proof of citizenship and employment seem to be the mainstays.
From info from my solicitor and http://www.gov.uk , I sent: My passport by secure post (yeah I know, but it seems to be too late now!), colour copies of my work contract, printed electronic payslips and a letter from myself stating that she will be coming to live with me in the UK. A phone number for my workplace was also included.
My solicitor didn't mention a copy of my passport or a certificate of employment. That's not to say he's right or wrong, I'm just mentioning what he told me by email. He only said proof of employment was needed. Wouldn't payslips and a contract suffice?
Is there a definitive list online?
The certificate of renunciation does sound necessary, though...
If I were there to go through the application with her, and if she wasn't applying at xmas/new year this may have been easier.
Thanks

[chaoclive]

Hi,
Yeah, i think she's been reading the wrong stories, too. Her English is fine, but I suppose it would be an easy mistake to make if they are not in her mother tongue. IT'S NOTHING TO DO WITH LANGUAGE; MANY NATIVE ENGLISH SPEAKERS DON'T UNDERSTAND THE DIFFERENCE BETWEEN THE DIFFERENT VISAS.

I have read slightly varying lists of documents. Proof of citizenship and employment seem to be the mainstays. TRUE

From info from my solicitor and http://www.gov.uk , I sent: My passport by secure post (yeah I know, but it seems to be too late now!), colour copies of my work contract, printed electronic payslips and a letter from myself stating that she will be coming to live with me in the UK. A phone number for my workplace was also included. SHOULD BE FINE.

My solicitor didn't mention a copy of my passport or a certificate of employment. PROOF OF EMPLOYMENT IS NECESSARY - YOU DON'T NEED TO REPLY TO ALL OF THE DOCUMENTS I NOTED ABOVE. I MENTIONED THE COPY OF YOUR PASSPORT AS I EXPECTED THAT YOU WOULD WANT TO HOLD ON TO YOUR PASSPORT, THAT'S ALL.

That's not to say he's right or wrong, I'm just mentioning what he told me by email. He only said proof of employment was needed. THIS IS CORRECT

Wouldn't payslips and a contract suffice? YES
Is there a definitive list online? NO, THERE ISN'T

The certificate of renunciation does sound necessary, though... VERY NECESSARY...ESSENTIAL I WOULD SAY
If I were there to go through the application with her, and if she wasn't applying at xmas/new year this may have been easier.
Thanks

[aaron76]

Thanks for your reply.
It seems finally to have gotten through my thick skull
If, "yeah I know, but it seems to be too late now!" came across as anything other than a "d'oh!" from me regarding my silly move of sending my passport, I do apologise.
I think at many times everyone has been bewildered by legal language/jargon. I certainly have. I was simply suggesting that if it is sometimes a problem for myself, it could possibly be a problem for my wife. For although I can read some Thai, I certainly wouldn't want to read it in anything but my native tongue. I get the impression this may have come across differently than I intended. Again, I apologise.
I sincerely appreciate your help and I know I seemed as daft as a brush.
Both my wife and I are just stressed about something unforeseen going wrong (even though it should be straightforward and is clearly the most painless route).
Thanks again for your patience.
Aaron

[ninjaman]

We have been through the EEA route and it is simple. We had not issues at all. We're not the only ones either.
C

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