EEA [FM] Residency Card and Sponsor status.

[White Emerald]

Hi all,

I apologize beforehand if this question has been answered already. My wife will finally join me this week on an EEA FP; and of course once she is here we will apply for EEA [FM] Residency Card. My question is this: as an Irish passport holder, I know I have right of residence here in the UK through the CTA agreement between the 2 countries that was freshly ratified as recently as 2011. However, in Section 10 of the EEA [FM] application form it says:

"if your sponsor was absent from the UK for a continuous period of more than two years after they were issued with their document certifying permanent residence, they will no longer have permanent residence. If this is the case, but your sponsor is still a qualified person, you should complete sections 11-17 instead."

I returned to the UK in 2014 [and am presently working here] after living and working abroad in a non EU country for more than the 2 years stated. Does this mean that I will have to apply for EEA [QP] for myself; or, is there no need as my Irish citizenship automatically qualifies me for permanent residence whether I have been here or not? Any advice/suggestions would be most grateful!

[noajthan]

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.

[secret.simon]

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).

[White Emerald]

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).

Hi Simon,

I was born in the UK to an English mother and Irish father. I lived here for 19 years; however, as I understand it, all of that is irrelevant as I'm no longer a British citizen. I renounced my British Citizenship and my wife has already received her EEA FP. She's arriving this week. So, as it stands, I will also have to apply for EEA[QP] myself? That sucks (( I was hoping I would be able to avoid this.

[White Emerald]

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.

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]

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.

Congratulations on your foresight & determination.

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.

[White Emerald]

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.

Congratulations on your foresight & determination.

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.

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]

...

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?

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.

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.

[White Emerald]

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.

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?

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! 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.

PS I found the section on EEA [FM] form that states I don't have to apply for a residency card and I think I will take this route.

[noajthan]

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.

[White Emerald]

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.

Thanks for the advice!

Will definitely be applying for my wife, but not for myself! I'm going to look into as many ways as possible to get her name on paper. By the way, I'm sure this is an impossible question to answer, but is there an approximate waiting time for RC's? Also, can we request return of passports [once they have been checked] so as to have the possibility to travel while they are processing the application? I did this with my RN form and my passport was returned within a week; it was the only fast part of the process.