- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
tigerram wrote:Hello everyone,
I was wondering if anyone out there could help me. I was born in Northern Ireland and lived there for 20 years; after that, in England for nearly 17. Apart from working in the Netherlands in the year 2000 for six months, I have only ever worked in Northern Ireland and England.
I have met a woman in the Philippines whom I intend to marry. I am keen on bringing her to live here, but I earn a fraction under the 18,600 figure required for the UKVI process.
Recently I have heard of the Singh principle, which would allow her to come to this country if I could prove I worked abroad in the Netherlands in 2000. Sadly, the company which I worked for is now out of business, and I have no proof I worked there. So, I would be faced with going to another EU country for 3 months or more, and working there. Better than nothing. EVEN IF YOU DID HAVE PROOF OF WORKING IN NL, THIS WOUDLN'T WORK AS YOUR PARTNER WASN'T WITH YOU. SINGH IN ANOTHER COUNTRY WOULD WORK, OF COURSE. YOU MIGHT WANT TO CONSIDER SPAIN AS YOUR PARTNER WOULD BE ABLE TO APPLY FOR SPANISH CITIZENSHIP IF YOU WERE TO STAY THERE FOR 2 YEARS. SEE HERE: http://spainamericanbar.org/en/who-is-c ... ted-states. YOU WILL NEED TO DO MORE DIGGING AROUND THIS, I'M NOT SURE HOW EASY IT IS IN PRACTICE.
However, I have heard there is another option - if I renounce my British citizenship. Personally, I am slightly loathe to do this, since it is part of my background, as much as my Irish background (I hold an Irish passport and I am neither a Protestant or a Catholic; I feel I am culturally attached to both Britain and Ireland). However, if what I have heard is true, then once married, my wife would be able to come directly to the UK (England). TRUE; WHAT YOU HAVE HEARD IS TRUE. I AM ALSO FROM NI BUT I NEVER CARED ABOUT CITIZENSHIP/BACKGROUND. TO BE HONEST, RENOUNCING NEVER PHASED ME AS IT ALLOWED ME TO BE WITH MY CIVIL PARTNER. WE GOT OUR CIVIL PARTNERSHIP IN THE BRITISH EMBASSY IN VIETNAM (OF COURSE, YOU WOULD PROBABLY BE ABLE TO GET MARRIED IN THE PHILIPPINES, I GUESS) QUITE A WHILE AGO. THEN, CLOSER TO WHEN I WANTED TO COME HOME FROM CHINA, I STARTED THE RENUNCIATION PROCESS AND APPLYING FOR MY PARTNER'S EEA FAMILY PERMIT. IT WORKED PERFECTLY AND HE HAD HIS RESIDENCE CARD WITHIN 4 MONTHS OF ARRIVING IN THE UK.
Obviously, I need to know if this would work, and what implications would it have for my future in the UK. Would I qualify for any benefits, should I be out of work? Could I technically be deported one day? Or would this process be blocked for some reason, and I would have to pursue the Singh route in another European country? I am unsure, and I don't want to get it wrong. Any help would be greatly appreciated, as I would love to get this matter sorted out as soon as possible.
IT DOES WORK. REMEMBER (AT LEAST AT PRESENT): IRISH PEOPLE ARE NOT VIEWED AS BEING 'FOREIGN' IN BRITISH LAW; WE AUTOMATICALLY HAVE 'SETTLED STATUS' SO YOU WON'T FACE ANY ISSUES AT ALL (AS LONG AS YOU HAVE BEEN LIVING WITHIN THE COMMON TRAVEL AREA)! I HAVE NOT HAD ANY ISSUES WHATSOEVER IN NI; AND THE SAME WOULD APPLY FOR ENGLAND. THERE ARE LOADS OF IRISH CITIZENSHIP LIVING IN GB, ALL OF WHOM HAVE THE SAME RIGHTS TO BENEFITS IN THE UK, AS LONG AS THEY PASS THE HABITUAL RESIDENCE TEST (SEE HERE: http://www.adviceguide.org.uk/england/b ... ns_hrt.htm). THEREFORE, BENEFITS WON'T BE AN ISSUE. YOUR NATIONAL INSURANCE CONTRIBUTIONS ARE ALSO GOING TO BE SAFE AS THIS IS BASED ON RESIDENCE, NOT CITIZENSHIP AND, AS ABOVE, IRISH PEOPLE HAVE THE RIGHT TO BE IN THE UK ANYWAY.
RE: DEPORTATION: IT CAN HAPPEN BUT YOU WOULD HAVE TO DO SOMETHING AWFUL TO BE IN THAT SITUATION. SEE HERE: http://notindifferentnotsceptical.blogs ... om-uk.html.
IF YOU HAVE ANY MORE QUESTIONS, JUST LET ME KNOW.
He has both citizenships; whichever passport he uses won't make any difference.Directive/2004/38/EC wrote:Which passport do you use normally? Which passport did you use when you lived in the Netherlands?
If he has always only had an Irish passport and has always worked in the UK on the basis of his Irish citizenship, and moved to Netherlands as an Irish person, then McCarthy does not apply.chaoclive wrote:He has both citizenships; whichever passport he uses won't make any difference.Directive/2004/38/EC wrote:Which passport do you use normally? Which passport did you use when you lived in the Netherlands?
Why would the second question be relevant? His partner probably wasn't there with him and he doesn't have proof.
Good old Mr Kelly!noajthan wrote:This may be of interest:
https://www.whatdotheyknow.com/request/ ... tion_of_br
My wife is Filipina too - good luck.
I gave up my British citizenship (2014) after getting our civil partnership at the British Consulate in Vietnam (2011). Renouncing didn't affect anything at all. The marriage/civil partnership still stands after renouncing.tigerram wrote:Thanks a lot for the information.
I think giving up British nationality is the best way to proceed.
I have one final question - if I give it up after I am married, then will that affect the process of my wife settling in the UK? I don't think it will, and I cannot find any directive that says so, but it would be good to know the process inside out.
tigerram wrote:That's brilliant, that's one less thing to worry about. Thanks a lot.
So it doesn't matter if I get my certificate of no impediment to marry from a UK register office, or the freedom to marry from the Irish foreign affairs? And it doesn't matter if I attend the British Embassy or the Irish Cosulate in Manila then?
I am wondering what visa she would need to apply for once married - a family permit, a VAF5, what? Would she need a TB test? It's all very confusing.
Haven't been able to find the $133 you refer to. No matter what it is free. I would advise you to fully consider your renunciation first. If you don't renounce your wife won't be able to apply anyways.tigerram wrote:https://www.gov.uk/family-permit/overview
On the first page, it says it is free. Then later on, it says that it must be applied for online and the fee is $133. How confusing! How can something free be not free?
Where does it say the fee is 133?tigerram wrote:https://www.gov.uk/family-permit/overview
On the first page, it says it is free. Then later on, it says that it must be applied for online and the fee is $133. How confusing! How can something free be not free?
You have chosen the wrong visa type if you are looking for an EEA Family Permit.tigerram wrote:If you go through the process outlined, and check fees, you come to this:
https://visa-fees.homeoffice.gov.uk/y/p ... artnership
which is quite contradictory. I'm confused.
Anyway, yes you are right, nationality must be renounced first.
You must select this!!! If you are already married (or have lived together for a substantial time) then this is the one to use.3 Select the visa type you would like to see fees for:
Family members of European Economic Area (EEA) and Swiss nationals
sp84 wrote:
1. By the end of 2015, I can apply for US Citizenship, and renounce my British Citizenship. YOU CAN RENOUNCE AT ANY TIME. THIS IS COMPLETELY UNRELATED TO US CITIZENSHIP.
2. As an Irish passport holder, I can apply for an EEA permit for my American wife in early 2016 (once I am no longer classed as British) - allowing her and I to move back to Northern Ireland. RIGHT; I DID EXACTLY THIS LAST YEAR.
Some questions:
1. When applying for the EEA permit - do I only have to do that for my wife? Or do I also need to apply for some sort of Visa/Permit for myself? Or can I just arrive in NI and live using my Irish passport? JUST ARRIVE, AS YOU WOULD ANYWAYS. I AM AN IRISH CITIZEN (EX-BRITISH) AND I DON'T NEED ANYTHING TO LIVE/WORK HERE. I DID APPLY FOR A REGISTRATION CERTIFICATE (ON FORM EEA1) LAST YEAR WHEN I STARTED WORKING. THIS WAS NOT NECESSARY, BUT I KNEW IT WOULD HELP SPEED UP MY PARTNER'S APPLICATION FOR A RESIDENCE CARD (WHICH IS ALSO ACTUALLY OPTIONAL). NOW, THIS REGISTRATION CERTIFICATE IS APPLIED FOR ON FORM EEA (QP) (SEE HERE: https://www.gov.uk/government/publicati ... orm-eea-qp)
2. Will me taking US Citizenship restrict me in any way? COMPLETELY IRRELEVANT
3. We currently do not have any children - if we did have children between now and next year - would that affect the application in any way? Or would it not matter, as any children could get an Irish passport through me? IF THEY WERE BORN IN NI, THEY WOULD BE BORN WITH BOTH IRISH AND BRITISH CITIZENSHIP, JUST LIKE YOU WERE AS YOU ARE AN IRISH CITIZEN. THEY WOULD ALSO BE ELIGIBLE FOR US CITIZENSHIP. YOU REALLY SHOULD READ UP ON THE UK/IRISH CITIZENSHIP RULES (https://www.gov.uk/types-of-british-nat ... itizenship AND http://www.citizensinformation.ie/en/mo ... tizenship/)
4. Did any of you lovely folks that went through the process, use a solicitor? Or did you do it all on your own? What would you recommend? I DID IT BY MYSELF. TOTALLY SIMPLE. I HAVE HEARD OF PEOPLE USING SOLICITORS BUT, TO BE HONEST, IT'S NOT NECESSARY UNLESS THEY REFUSE YOU FOR SOME REASON. GETTING A GP TO SIGN YOUR APPLICATION TO RENOUNCE BRITISH CITIZENSHIP MIGHT BE A GOOD IDEA AS, THAT WAY, THE HOME OFFICE CAN'T REALLY SAY YOU'RE NOT OF SOUND MIND. A FRIEND SIGNED MINE. RENUNCIATION: https://www.gov.uk/renounce-british-nationality
5. How does the permit work in terms of an "expiration date" - for example, if I renounced my British Citizenship tomorrow - then applied for and got the EEA permit for my wife in 3/4 months time ... does the permit have to be used right away, or can we hang on to it and move back sometime next year? FIRSTLY, RENUNCIATION TAKES ABOUT 3 MONTHS, POSSIBLY LONGER. MINE TOOK JUST OVER 3 MONTHS. THERE WILL BE A 'VALID UNTIL' DATE ON THE EEA FAMILY PERMIT. YOU HAVE TO ENTER BEFORE THAT DATE (SHOULD BE 6 MONTHS AFTER THE DATE OF ISSUE). IT DOESN'T MATTER IF THE EEA ACTUALLY EXPIRES AFTER YOUR WIFE HAS ENTERED THE UK. AFTER THAT SHE CAN APPLY FOR A RESIDENCE CARD: https://www.gov.uk/apply-for-a-uk-resid ... d/overview.
6. This one is a little vague - but considering the recent election, and the news stories - when would be the best time for me to begin the process - with the ideal date of moving back home, Spring/Summer 2016. NO-ONE CAN SAY FOR SURE. BEAR IN MIND THE TIMESCALES ABOVE.
HOPE THIS HELPS A BIT. I'M SURE YOU'RE AWARE OF THE NEED TO EXERCISE TREATY RIGHTS, E.G. BY WORKING, SELF-EMPLOYED, STUDYING (WITH COMPREHENSIVE SICKNESS INSURANCE) OR SELF-SUFFICIENT (WITH COMPREHENSIVE SICKNESS INSURANCE).