Dependent visa for mum, dad and sister

[Noetic]

@noetic I got visa for five years which says I'm allowed to work and can do business or whatever so I'm not worried about that

You should be. You obtained this residence card by deception and by all rights shouldn't be working in this country.

You need to figure out how to legitimise your situation ASAP, otherwise not being able to import your extended family on false pretenses will very much be the least of your worries.

[zarkjavaid]

Sorry guys my mistake just spoke to my wife about it and read everything she I shouldn't have mentioned she's got dual nationality well she is British citizen with Eu nationality I don't know if that should clearify everything. My bad sorry

[Obie]

To say OP used deception is wrong.

He was clearly not aware of the law it may seem.

He believe his wife has Irish passport and hence she qualifies.

[Noetic]

Ignorance of the law is not an excuse. I did originally say

I would sincerely suggest you seek legal advice now since your own EEA permit was - unwittingly or deliberately - obtained by deception...

- the fact they knowingly, deliberately withheld the British nationality in the application doesn't look good, hence the recommendation to seek legal advice sooner rather than later.

The "complex situation" letter does suggest HO have cottoned on that something is potentially fishy about the situation and even if OP gets away with it this time it will come to bite them later on when they try to PR and citizenship for himself and his extended family he's importing.

[zarkjavaid]

Guys she was born in U.K. But never applied for British passport because of her mother she was eligible for Irish passport that's how she got her Irish passport and that's how she is Eu citizen. I didn't provide no false details to HO.

[Noetic]

Just because you don't apply for a passport doesn't mean you don't have citizenship. At the very least get a consultation with a good immigration solicitor to clear the situation - your sister definitely does not count as direct family so that alone needs sorting out.

I genuinely don't think there are many cases where hiring a good immigration solicitor is required for applications, however there are some circumstances where I feel it's justified.

- If there is a history of overstay, illegal stay, illegal entry, illegal working, deception or grave mistakes in past applications or other complex situations (no matter how unaware the applicant was of the wrongfulness at the time!). Especially if there is a hint of the Home Office investigating any of the above getting yourself a solicitor is a no-brainer!

- If one is financially well off enough for solicitor fees not to be a burden & you want the peace of mind

I feel both cases apply here, withholding the fact your wife is a British national (with or without a passport) in your EEA permit application means POTENTIALLY your residence card which is your basis for legally living and working here is null and void.

As for the second point, the family permit application suggests your wife thinks she earns so much money that she can not only sponsor you on your immigration to the UK but also three adult direct and extended family members of not *her* but her *husband* financially depend on her sufficiently that it's worth shipping all three over from a non-EEA country on the premise her earnings are so copious that she can support three grown adults without being a burden on the host state. I dare say that is not a family hurting for money?

(A family member of mine too was lucky to be able to afford a solicitor for a basic EEA PR application through the fortune of having more money than sense, too! I did try to convince her to save the money for a nice holiday but hey ho!)

[secret.simon]

Guys she was born in U.K. But never applied for British passport because of her mother she was eligible for Irish passport that's how she got her Irish passport and that's how she is Eu citizen.

If your wife was born to an Irish mother in the UK, she was a British citizen from birth. She is an EU citizen by virtue of both her Irish and British citizenships.

But being a British citizen means that she can not exercise treaty rights in the UK, as her rights as a British citizen are more proximate than her treaty rights.

As she can not exercise treaty rights, she can not sponsor anybody (including you) under the EEA Regulations.

Indeed, it seems that your wife's case is almost identical to Mrs McCarthy, in that your wife has never exercised treaty rights in an EEA country and hence can not be a beneficiary of Directive 2004/38/EC.

Citizenship is bestowed by action of law, not by self-belief. She may carry an Irish passport, but she is also a British citizen, by action of law.

I would say that FACTUALLY (not just potentially) your Residence Card, which itself is a confirmatory document and does not give any rights on its own, is null and void.

Let's now turn to the issue of deception.

You were aware when responding to this thread that your wife was a dual citizen. In the EEA FM form, there is a question;

2.9 Do they currently hold, or have they ever held, any other nationality or citizenship?

What was your response to that question? Note that the question asked which citizenship did she have, not which passport. One can have citizenship without a passport.

Be aware that even if you get confirmation of a non-existent PR and then British citizenship, the latter can be revoked at any time for deception. You will live the rest of your life under the sword of Damocles, wondering if today will bring a letter from the Home Office looking into whether you obtained your citizenship by deception.

At this point in time, you have no right to stay in the UK and the longer you stay in this position, the harder it will be for you to regularise your stay.

I would strongly urge you to consult a lawyer at the earliest, show him this thread, so that he can understand why we suggest that you need to consult a lawyer and follow his advice.

[Obie]

I do not accept OP's case is similar to McCarthy . I accept that under domestic law, there may not be a distinction.

Mrs McCarthy was a case of abuse. She never considered herself as Irish and she never took or held an Irish passport until her husband's residency application.

She had sought to use the period she resided as a British citizen, enjoying uk state benefit to qualify her under regulation 15 (1)(a), which any court will find totally unacceptable.

Worst case scenerio , British citizen can be revoked.

However the burden on proving citizenship is not on the national authority but on the one claiming citizenship.

Unless a person actively exercise their rights as a citizen to secure a passport and providing the necessary documentation proving so, or the person was born before the commencement of the 1981 Act, the authority cannot deduce by virtue of their place of birth alone that they are British.

If a child is born to a non eu national and an Irish citizen father who was not resident in UK at the time of child's birth. It does not follow that the child will be British. However the child will surely be an Irish citizen. So one has to be careful in concluding that a person may be British.

[secret.simon]

The OP stated that the EU wife was born in the UK to an Irish mother. Irish citizens are considered settled on arrival and hence the children born to Irish citizens in the UK are considered British citizens. So, in this context, the EU wife is a British citizen.

Furthermore, the OP acknowledged as much in an earlier post. So, he was not unaware of the dual nationality.

[zarkjavaid]

Seriously, after reading all your replies I'm convinced your an absolute xxxx. What's shocking me more than anything is the fact that apparently you know the immigration laws better than the actual home office. If your not part of UKBA as an enforcement officer then you need to reconsider your career path. I was born in the uk, I have a British birth certificate however because both my parents are Irish. After two interviews with the immigration team and being granted a visa I think you'll find both me and my husband are legally living and working in the UK.

Please find something more fulfilling to do with your spare time rather than being a spare part.
King regards
An immigrants wife!!

[Obie]

Please don't use derogatory and offensive term on anyone on the forum seeking to help.

People are advising you based on the law.

The language you use to describe people is totally unacceptable. I will remove it and repeat will lead to a ban.

I have no doubt that the advise people give is correct, even though i may wish things were more favourable to you and your position.

You are free to disagree, what i will not tolerate is you insulting and using derogatory terms on people, some or many of whom are seeking to assist you in good faith. Even if some were not acting in good faith their is no justification to insult them.

I will edit the derogatory term, and if i see anything like that again, i will ban you.

[secret.simon]

What's shocking me more than anything is the fact that apparently you know the immigration laws better than the actual home office.

It may surprise you that the Home Office staff are actually not that conversant with the intricacies of immigration law. There have been times when we have corrected people, with quotes from relevant Acts and other laws or the Home office's own published guidance, after they have been advised the exact opposite by the Home office helpline, for instance. The first rule on these forums is, do not trust the Home Office line. Go by the law n(whether written or custom), not by what you wish the law was.

In the case of your husband, I believe you should tread even more carefully than usual. If a leave to remain is granted in error by the Home Office under the Immigration Rules, it is generally expected that the Home Office will still honour it as it (the Home Office) had made the mistake, not the applicant.

However, in the case of your husband, he applied for a confirmatory Residence Card, that merely confirmed a right under the EEA Regulations. However, if that right did not exist in the first place, it would have confirmed nothing. A house built on sand is not worth staying in.

After two interviews with the immigration team and being granted a visa

Interviews conducted by Home Office officials are usually for checking that the marriage is not a sham marriage. And the grant of the RC does suggest that they accept the marriage as genuine. But it would not have looked at your relationship with the UK, which is the crux of the matter here.

He was not granted a visa. He was issued a Residence Card that confirmed rights that do not exist. Confirmation of something that does not exist is as illusionary as that thing.

I think you'll find both me and my husband are legally living and working in the UK.

You have an absolute and inalienable right to residing in the UK because you are a British citizen. Your husband's stay is based on considerably shakier foundations.

I suggest that you put aside your feelings about me being an absolute *star* (I am sure that what you meant to type and accidentally mistyped) and show a reputable immigration lawyer this thread and ask for his thoughts.

[chriskv1]

@zarkjavaid :
Im afraid youre knee deep in quicksand.
HO does make mistakes , granting you an RC was a mistake they made. You may very well be issued with a PR if they make the same mistake again. But from your tone I suppose youre not going to listen to anything you dont agree with even if they're facts. So I suggest you carry on with your application as you were . But remember , You're gonna be in more trouble when the HO finds out that they made a mistake.

[noajthan]

And the more OP sticks head above parapet, with applications for various family to come on down, then the more HO will dig into the case.

And FP applications even for aging parents don't go smoothly at best of times (let alone more distant in-laws).

[Noetic]

And the more OP sticks head above parapet, with applications for various family to come on down, then the more HO will dig into the case.

And FP applications even for aging parents don't go smoothly at best of times (let alone more distant in-laws).

And the ruder OP and his wife are to people pointing out serious potential legal issues, the more one begins to hope maybe Home Office occasionally have staff reading these forums.

[chriskv1]

And the more OP sticks head above parapet,
with applications for various family to come on down, then the more HO will dig into the case.

And FP applications even for aging parents don't go smoothly at best of times (let alone more distant in-laws).

And the ruder OP and his wife are to people pointing out serious potential legal issues, the more one begins to hope maybe Home Office occasionally have staff reading these forums.

Let us not hope for another's fall. I know he's rude. But I hope it works out for him.