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Most unfortunate situation.dawiddm wrote:I want to ask you. In 2015 after 10 months awaiting for EEA2 Residence Card for my wife -non EU, Home Office refused , the reason is fact that I have dual citizenship. I am Polish and from 2014 British.
We appeal to the First Tier Tribunal and still waiting for the trial.In October this year will be 2 years of awaiting for EEA2 , so we don't want to apply for visa for my wife as a British member family . Home Office gave us a lot of stress. My wife had a miscarriage. We scare to travel outside UK to see our family.What we can expect from First Tier Tribunal?do we have a chance for EEA2 Residence Card?We appealed by human rights.
Did anyone had similar situation?
Thank you for the link to HO.noajthan wrote:PS I realise you are stressed & upset but do, kindly, refrain from posting multiple, repeated messages everywhere.
In that case its most unfortunate but I don't think you can sponsor your wife under EU rules.dawiddm wrote:Thank you for your answer . I am new here.Before we applied for EEA2 my wife had a Student Visa.
McCarthy C-434/09noajthan wrote:In that case its most unfortunate but I don't think you can sponsor your wife under EU rules.dawiddm wrote:Thank you for your answer . I am new here.Before we applied for EEA2 my wife had a Student Visa.
HO will only consider you to be a BC.
Hence my question:dawiddm wrote:McCarthy C-434/09
In the ECJ case of McCarthy the court stated that a person who holds the nationality of the host member state and has never exercised their right of free movement and residence: but I have moved from Poland to UK in 2006 , my all family is in Poland , I was working and study in Poland ,so maybe mi situation is different than someone who never moved? what do you think?
My wife never had RC , she had a student visa when we applied for EEA2 to Home Office.noajthan wrote:Hence my question:dawiddm wrote:McCarthy C-434/09
In the ECJ case of McCarthy the court stated that a person who holds the nationality of the host member state and has never exercised their right of free movement and residence: but I have moved from Poland to UK in 2006 , my all family is in Poland , I was working and study in Poland ,so maybe mi situation is different than someone who never moved? what do you think?
Did wife have a RC in or before 2012
Then you could invoke the transitional arrangement whereby an EEA national (/dual national) who sponsored a family member and the dependent had a RC the BC can still be treated as an EEA national;
ie EU rules can still apply.
Before we applied to HO for EEA2 we went to the immigration law lawyer . I told him I have dual citizenship. He told us we allowed to apply for EEA2 because first I am Polsih and I have moved to UK.dawiddm wrote:My wife never had RC , she had a student visa when we applied for EEA2 to Home Office.noajthan wrote:Hence my question:dawiddm wrote:McCarthy C-434/09
In the ECJ case of McCarthy the court stated that a person who holds the nationality of the host member state and has never exercised their right of free movement and residence: but I have moved from Poland to UK in 2006 , my all family is in Poland , I was working and study in Poland ,so maybe mi situation is different than someone who never moved? what do you think?
Did wife have a RC in or before 2012
Then you could invoke the transitional arrangement whereby an EEA national (/dual national) who sponsored a family member and the dependent had a RC the BC can still be treated as an EEA national;
ie EU rules can still apply.