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Hi Simon,secret.simon wrote:I could be wrong on this, but here is my twopenn'orth.
You are correct that you have "settled status" in British law as an Irish citizen from the moment you arrive. However, that is your status as an Irish citizen in the UK and has nothing to do with EU law or PR and does not benefit your non-Irish wife.
"Settled status" can be gained through either ILR or PR or as in your case, being an Irish citizen. But while they have the same effect in British law, they do not have the same effect in EU law, which only recognises PR.
For the purpose of EEA Regulations, you have lost PR by staying out of the UK for more than two years and have started your stay as a Qualifying Person for the purpose of the EEA Regulations again in 2014.
You do not need to apply for an EEA(QP) certificate provided you have proof that you are exercising treaty rights.
EDIT: Following on from Noajthan's post, the advice above is predicated on the basis that you are purely an Irish citizen and do not have British citizenship (by for example being born in the UK to Irish parents).
I was a dual national, but I renounced my citizenship. I now hold only Irish citizenship. My wife already has her EEA FP; my question was centred on whether I need to apply for EEA [QP] Residency card as someone who only returned to the UK in 2014.noajthan wrote:The situation is complicated.
Are you a dual national?
Normally an EEA national who is also a BC is only considered to be a BC by HO.
If this applies in your case you could not sponaor a family member under EU rules unless special provisions apply.
Congratulations on your foresight & determination.White Emerald wrote:I was a dual national, but I renounced my citizenship. I now hold only Irish citizenship. My wife already has her EEA FP; my question was centred on whether I need to apply for EEA [QP] Residency card as someone who only returned to the UK in 2014.
Thanks noahjthan! I've been working full time in the UK since February 2015; although, my RN only came through in December 2015, so no doubt It will only be considered from that time?noajthan wrote:Congratulations on your foresight & determination.White Emerald wrote:I was a dual national, but I renounced my citizenship. I now hold only Irish citizenship. My wife already has her EEA FP; my question was centred on whether I need to apply for EEA [QP] Residency card as someone who only returned to the UK in 2014.
As advised above, a QP for a RC for an EEA national is entirely optional.
You just need to exercise treaty right as a qp after the first 3 months 'grace period' in UK.
My understanding is you couldn't have been exercising treaty rights before your renunciation as you were then a BC.White Emerald wrote:...
Thanks noahjthan! I've been working full time in the UK since February 2015; although, my RN only came through in December 2015, so no doubt It will only be considered from that time?
Yes, this makes sense. In that case, I've been exercising treaty rights since November 2015. Working in the UK qualifies as exercising treaty rights, yes?noajthan wrote: My understanding is you couldn't have been exercising treaty rights before your renunciation as you were then a BC.
So you only became a qualified person once you became a solely EEA (Irish) national.
Thanks! Yes, we've kept all documents and communication from the first time we met 4 years ago, including all boarding passes etc I think the trick is now is to try and get my wife's name on the tenancy agreement and to open a joint bank account. The place I live is inclusive all of all bills, including council tax. Could you suggest anything else that might help? As I myself don't have my name on any bills. I'm hoping the agency will agree to put my wife's name on the tenancy agreement which will prove we live together.noajthan wrote: You will have to maintain unimpeachable documentary supporting evidence as you progress along this path as yours is a somewhat complex case. (No doubt you are).
Good luck.
Thanks for the advice!noajthan wrote:RC is optional for you.
And optional for wife really, but obviously useful.
Yes, working makes you a qualified person.
As to rest, just generate a papertrail with official/government agencies:
tax, employers, housing, medical, local government, voter registration, utilities, banking, library, EHIC & etc.