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LBB wrote:Hi all,
Sorry, I feel this should be a very obvious question, but I have read the www.ukvisas.gov.uk website and can't work it out.
I am an Irish national living and working in the UK. My husband-to-be is Canadian, currently staying with me on a visitor's visa (6 months). We intend to get married in Ireland before his visitor's visa expires (will have given the 3 months notice necessary for this marriage).
Once we come back to the UK after the wedding, can we then immediately apply in the UK for the EEA1 and EEA2 permits, or does he need to go back to Canada for the family permit/entry clearance? It is not an insurmountable obstacle if he needs to do so, but we would rather avoid (for finance and childcare reasons) if it is not necessary. Or should we do an online application to the British High Commission in Canada from the UK?
I think you're already a British citizen by virtue of being born in the UK. You can apply for a passport, or use your birth certificate (do they accept this?), with the spouse visa application.LBB wrote:Thanks for the replies - much appreciated! Yes, I believe I am entitled to apply for British citizenship (I was born in the UK to Irish parents in 1974). The reason we were planning to take the EEA route was because it would be cheaper. I am not too concerned that waiting times for EEA2 processing and for my husband's naturalisation will be longer given that he will be able to work in the meantime. If this is bad planning, please let me know!
In that case you are a British citizen (since birth). Your U.K. birth certificate is sufficient proof of your status, although you can apply for a British passport if you wish.LBB wrote:Thanks for the replies - much appreciated! Yes, I believe I am entitled to apply for British citizenship (I was born in the UK to Irish parents in 1974).
I suspect the most straightforward way will be for your husband to apply for his visa (either spouse or EEA) in Canada.The reason we were planning to take the EEA route was because it would be cheaper. I am not too concerned that waiting times for EEA2 processing and for my husband's naturalisation will be longer given that he will be able to work in the meantime. If this is bad planning, please let me know!
There are material errors in that article.vinny wrote:See also 2. PROCEDURAL COMPARISON.
Thanks, Jaj. That's useful to know. For reference, can you point out what the errors are?JAJ wrote:There are material errors in that article.vinny wrote:See also 2. PROCEDURAL COMPARISON.
One of the errors is to say that the U.K. spouse visa process "can be slow" as this is not usually the case. If anything, EEA cases are slower.vinny wrote:Thanks, Jaj. That's useful to know. For reference, can you point out what the errors are?
There is no guarantee that the British Embassy in Dublin will accept an application for an EEA permit from a Canadian citizen temporarily in the Republic of Ireland.Directive/2004/38/EC wrote: If you go the European law route, there is no need to apply from Canada. (I am unsure what the situation is if you apply under UK law). Note that since you will have only been just married, you should submit some evidence of the duration and substance of your relationship - evidence of places you have lived together, joint bank accounts, etc.
That is true, and I think there were a few similar cases on this forum where that happened. If they follow their rules, though, they should treat it the same way as an application from Canada. (And I am still not sure whether the extra requirements for applications from outside the EU are legal.)JAJ wrote:There is no guarantee that the British Embassy in Dublin will accept an application for an EEA permit from a Canadian citizen temporarily in the Republic of Ireland.
I would be surprised if this is a problem. "No switching" is part of the UK immigration work, not part of the European legislation. So it should not be relevant for applications under European rules. The European law is also very clear in this, so any negative decision would be completely unjustified.And it's never been established whether applying for an EEA permit in the U.K. is subject to the "no-switching" rule. Maybe technically not, but do they want to be the test case?
The DSPs are pretty clear that such an application is perfectly in order.JAJ wrote:There is no guarantee that the British Embassy in Dublin will accept an application for an EEA permit from a Canadian citizen temporarily in the Republic of Ireland.
As already pointed out by thsths and Directive/2004/38/EC, being a permanent resident in the country of application is not a requirement for applying for an EEAFP.JAJ wrote:There is no guarantee that the British Embassy in Dublin will accept an application for an EEA permit from a Canadian citizen temporarily in the Republic of Ireland.
Firstly, one cannot apply for the EEA family permit whilst in the UK. You only apply for the Residence Card and secondly, the ECIs and the rules makes it crystal clear that there is absolutely no legal basis for an application for the Residence Card to fail just because the applicant was in the UK route.And it's never been established whether applying for an EEA permit in the U.K. is subject to the "no-switching" rule
You know, this is the funny thing: I have seen these reports, too, and I can see how you could misread the DSP's. But the law is legally binding (I guess), and it is very clear: you do not have to be in the EU, and you do not have to be a resident either. Being a visit is perfectly fine, and even if you are in a country illegally, that is not immediately a reason for refusal (although I admit that it would warrant a closer examination of the circumstances).VictoriaS wrote:DSP's are not legally binding, and I have known of several situations whereby an Embassy has refused to accept an EEA application from a national who is not resident in that country.
Can you give more details of the situations and which embassy was refusing to accept the application?VictoriaS wrote: I have known of several situations whereby an Embassy has refused to accept an EEA application from a national who is not resident in that country.
While DSPs are not legally binding, there is absolutely nothing in the Rules as well that states that the applicant has to be a resident to make an EEAFP application. Their present status has to be legal and be able to prove it. That's all. If an embassy refuses to accept one, well, you should know better than me what to do about it.VictoriaS wrote:DSP's are not legally binding, and I have known of several situations whereby an Embassy has refused to accept an EEA application from a national who is not resident in that country.