EEA FM

[sandeshk]

Hey,

My wife has Dual citizen British/Irish.
We currently reside in UK. She has stayed all her life in Britain. Currently she is on Jobs Seeker Allowance. Im on Family visit visa, which expires on 23 Aug 2015.
I have been told that I cannot apply for resident card for myself since my Wife has never exercised treaty rights to free movement.(What I understand is that she never worked or lived in Ireland).

Is that correct?

[sandeshk]

Please help

[PrestonLancs]

I have been told that I cannot apply for resident card for myself since my Wife has never exercised treaty rights to free movement.(What I understand is that she never worked or lived in Ireland).

Is that correct?

Yes, that is correct.

[sandeshk]

Thanks for the reply.

I have reunite to my family in UK after a long time and we cant imagine the separation now.
After thinking of all the possibilities we have decided that we will take a chance and apply for EEA FM for me.
I came on Family visit visa in UK.

My question is that can i apply for EEA FM from family visit visa.
Thanks

[chaoclive]

Thanks for the reply.

I have reunite to my family in UK after a long time and we cant imagine the separation now.
After thinking of all the possibilities we have decided that we will take a chance and apply for EEA FM for me.
I came on Family visit visa in UK.

My question is that can i apply for EEA FM from family visit visa.
Thanks

Yes, of course you can apply. However, they probably will (and should according to the law) reject it as your wife is a dual citizen who has not exercised treaty rights in another country.

You may be lucky enough and get a casework who doesn't check things carefully or who doesn't know the law.

[PrestonLancs]

I can assure you that nowadays they are giving microscopic scrutiny to all EEA applications.

[chaoclive]

I can assure you that nowadays they are giving microscopic scrutiny to all EEA applications.

As they should be!

[sandeshk]

Thanks for the replies.

I saw a solicitor even they said to me that its 50/50 chance.
There fees is around 600 pounds.

If its gonna be 50/50 im thinking is it worth to hire a solicitor or should i make application by myself.

If anyone can suggest me how should i make the application. We also have a 6 yrs old son.

Thanks

[chaoclive]

Thanks for the replies.

I saw a solicitor even they said to me that its 50/50 chance.
There fees is around 600 pounds.

If its gonna be 50/50 im thinking is it worth to hire a solicitor or should i make application by myself.

If anyone can suggest me how should i make the application. We also have a 6 yrs old son.

Thanks

If it was a 50/50 chance only i'd definitely be doing it by myself. Your son is irrelevant as this is not anything related to a marriage of convenience (where children would help); this is about whether or not the citizenships of your wife will bring you into line with the EEA regulations, which they won't as she is British.

Where was she born? In the UK or in Ireland? What does it say for her place of birth on her Irish passport? If it says GB then I'm sure the caseworker will figure it out quickly and they will know that she will almost definitely have British citizenship = refusal.

Don't know where the lawyer got his figures by the way...speculation I guess. The guidance is clear: https://www.gov.uk/government/publicati ... ily-permit

[sandeshk]

Thanks for the reply.

As my wife has Dual Citizen British/Irish, We heard that given up the British citizen is also a way. And then apply for my EEA FM for me.

Is that correct? If yes how does that work.

Thanks

[chaoclive]

Thanks for the reply.

As my wife has Dual Citizen British/Irish, We heard that given up the British citizen is also a way. And then apply for my EEA FM for me.

Is that correct? If yes how does that work.

Thanks

Yes, search for some of my old posts. I have renounced British citizenship and my partner now has a residence card (although we applied for an EEA family permit outside the UK before entering and then got a residence card after).

[sandeshk]

Hi Chaoclive,

I went through the old post, it was very helpful.

Just wanted to confirm view things here
IF my wife gives up British citizen even though she has not exercise the treaty rights(In Ireland), we can still go ahead and apply for my EEA FM.

My Visa expires on 23rd Aug 2015, if we apply for renouncing British citizenship we wont get Declaration of Renunciation before my visa expires.
This might be a silly question but can can we apply for renouncing British citizenship and same time apply for my EEA FM and add a letter long my EEA FM application that we have applied for renouncing British citizenship.

Thanks

[chaoclive]

Hi Chaoclive,

I went through the old post, it was very helpful.

Just wanted to confirm view things here
IF my wife gives up British citizen even though she has not exercise the treaty rights(In Ireland), we can still go ahead and apply for my EEA FM. IT DOESN'T MATTER IF SHE HAS NOT WORKED ANYWHERE ELSE, AS LONG AS SHE DOESN'T HOLD BRITISH CITIZENSHIP AND DOES HOLD ANOTHER EEA CITIZENSHIP (E.H. IRISH). SHE THEN FALLS IN LINE WITH THE EEA REGULATIONS.

My Visa expires on 23rd Aug 2015, if we apply for renouncing British citizenship we wont get Declaration of Renunciation before my visa expires.
This might be a silly question but can can we apply for renouncing British citizenship and same time apply for my EEA FM and add a letter long my EEA FM application that we have applied for renouncing British citizenship. I'M HONESTLY NOT SURE HOW THIS WOULD WORK AS, UNTIL THE RENUNCIATION COMES THROUGH, YOU DON'T ACTUALLY MEET THE REQUIREMENTS. I WILL ASK A LAWYER FRIEND OF MINE TO SEE IF HE HAS ANY IDEAS.

ONCE THE RENUNCIATION COMES THROUGH THERE IS NOTHING THAT CAN REALLY GO WRONG AS LONG AS IT'S A GENUINE RELATIONSHIP AND AS LONG AS YOUR PARTNER IS WORKING (OR OTHERWISE EXERCISING TREATY RIGHTS IN THE UK).

Thanks

[el patron]

With respect to the circumstances as you set them out, your best option, (once she has renounced the British citizenship) may be a trip to the Republic of Ireland to apply for an EEA family permit to accompany her back to the UK. If she starts a business on return she can employ you!

https://tribunalsdecisions.service.gov. ... 02805-2013

[el patron]

This might be a silly question but can can we apply for renouncing British citizenship and same time apply for my EEA FM and add a letter long my EEA FM application that we have applied for renouncing British citizenship. I'M HONESTLY NOT SURE HOW THIS WOULD WORK AS, UNTIL THE RENUNCIATION COMES THROUGH, YOU DON'T ACTUALLY MEET THE REQUIREMENTS. I WILL ASK A LAWYER FRIEND OF MINE TO SEE IF HE HAS ANY IDEAS.

ONCE THE RENUNCIATION COMES THROUGH THERE IS NOTHING THAT CAN REALLY GO WRONG AS LONG AS IT'S A GENUINE RELATIONSHIP AND AS LONG AS YOUR PARTNER IS WORKING (OR OTHERWISE EXERCISING TREATY RIGHTS IN THE UK).

Thanks

I have heard of one success story with that scheme (on this board) but no guarantee anyone else will have the same luck. You should at least get a right of appeal and the renunciation would be complete before the appeal hearing.

[sandeshk]

Thanks for all your replies. It means a lot to us, for you to go out of your way in helping us and asking your lawyer friend for assistance. That was very kind of you. As you can appreiciate it is a very stressful time for us.

My wife was a single parent before i joined my family(Wife and Son) in UK. She was on Jobseeker allowance.
She did worked for couple of weeks but left the job since it was not a contract and the company were not providing with good working hours.She is back on Jobseeker allowance and looking for full time jobs, as i can look after my son.

It says on the EEA FM form----Relevant EEA national’ means an EEA national who is (or was) in the UK as a ‘qualified person’ (worker, self-employed, self-sufficient, student, or jobseeker)

So if im not wrong she is exercise the treaty rights as jobseeker. She is really looking hard to get a job before we apply for EEA FM.

Thanks El Patron for replies i will look into the options you helped with.

Thanks

[chaoclive]

Thanks for all your replies. It means a lot to us, for you to go out of your way in helping us and asking your lawyer friend for assistance. That was very kind of you. As you can appreiciate it is a very stressful time for us.

My wife was a single parent before i joined my family(Wife and Son) in UK. She was on Jobseeker allowance.
She did worked for couple of weeks but left the job since it was not a contract and the company were not providing with good working hours.She is back on Jobseeker allowance and looking for full time jobs, as i can look after my son.

It says on the EEA FM form----Relevant EEA national’ means an EEA national who is (or was) in the UK as a ‘qualified person’ (worker, self-employed, self-sufficient, student, or jobseeker)

So if im not wrong she is exercise the treaty rights as jobseeker. She is really looking hard to get a job before we apply for EEA FM.

Thanks El Patron for replies i will look into the options you helped with.

Thanks

I think it would definitely be easier for her to get a job; proving jobseekers can be a problem. It's always easier to be working I think.

Actually, El Patron was my lawyer friend. He has give a few ideas above.

[sandeshk]

Thanks Chaoclive

I was looking for the options provided by El Patron

I was checking the ‘Surinder Singh’ route

how long does my wife has to work in Republic of Ireland(To exercise the treaty rights) before coming back to UK?

Thanks

[el patron]

Thanks Chaoclive

I was looking for the options provided by El Patron

I was checking the ‘Surinder Singh’ route

how long does my wife has to work in Republic of Ireland(To exercise the treaty rights) before coming back to UK?

Thanks

What I was suggesting was not 'surinder singh' and hence she does not need to work in Ireland

[sandeshk]

Hi Chaoclive and El Patron

After a long discussion with my wife from all point of view. We came to a conclusion that we would give up British citizen only if it helps for my EEA FM application.

Does my wife has to submit her Irish Passport for Renouncing British Citizenship to show as the evidence of another citizenship.?
How much time does it takes to get the Declaration of Renunciation?

We will apply for Declaration of Renunciation asap. I will apply for EEA FM in first week of August.
If they refused and suppose i get the right to appeal and if renunciation came before appeal hearing then i will apply again with Declaration of Renunciation or appeal.

Please suggest on this.
Thanks

[chaoclive]

Hi Chaoclive and El Patron

After a long discussion with my wife from all point of view. We came to a conclusion that we would give up British citizen only if it helps for my EEA FM application.

Does my wife has to submit her Irish Passport for Renouncing British Citizenship to show as the evidence of another citizenship.?
How much time does it takes to get the Declaration of Renunciation? YES, SHE WILL HAVE TO PROVE EVIDENCE OF ANOTHER CITIZENSHIP. MINE TOOK 2.5 MONTHS, IT CAN TAKE LONGER THOUGH. THERE IS NO SPECIFIC TIMESCALE FOR THIS.

We will apply for Declaration of Renunciation asap. I will apply for EEA FM in first week of August. OK
If they refused and suppose i get the right to appeal and if renunciation came before appeal hearing then i will apply again with Declaration of Renunciation or appeal. YES; I THINK THAT IS WHAT EL PATRON MEANT.

Please suggest on this.
Thanks

[sandeshk]

Thanks Chaoclive

But i will need my wife Irish passport for my EEA FM application.
What else can we show to prove evidence of another citizenship?
Will photo copy of her passport be ok?
My wife has her parents Irish birth certificate, will that be ok?

Thanks

[chaoclive]

Thanks Chaoclive

But i will need my wife Irish passport for my EEA FM application.
What else can we show to prove evidence of another citizenship?
Will photo copy of her passport be ok?
My wife has her parents Irish birth certificate, will that be ok?

Thanks

I sent a copy of my passport, my original birth certificate (proving that I was born in Northern Ireland and was eligible for Irish citizenship) and a print out from this website: http://www.citizensinformation.ie/en/mo ... scent.html, highlighting how I am became am Irish citizen by birth.

I think she could add the birth cert and a copy of her passport.

Where was she actually born? In Ireland or in the UK?

[sandeshk]

In UK

[sandeshk]

Hi Chaoclive and El Patron

I have a some question:
As my wife is looking for job and if she start working soon, it will be less or 1 month on job before i apply for EEA FM. So Will 1 month salary slip be ok? As Im Planning to apply on First week of Aug.

To make application strong in my circumstance What documents should i Submit.

What date would the last date for me to apply for EEA FM if my visa expires on 23rd Aug 2015?

Thanks