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Can I apply for the EEA?

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UberKrieger
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Posts: 45
Joined: Sat Apr 14, 2007 2:23 am

Can I apply for the EEA?

Post by UberKrieger » Sat Jan 26, 2008 6:18 pm

I was born and raised in England, although I am entitled to an Irish passport and Citizenship through descent.

I'm currently planning on getting a settlement Visa for my wife to live in the UK.

If I had the Irish Citizenship, would I we able to apply for the EEA instead?

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Can I apply for the EEA?

Post by Wanderer » Sat Jan 26, 2008 6:34 pm

UberKrieger wrote:I was born and raised in England, although I am entitled to an Irish passport and Citizenship through descent.

I'm currently planning on getting a settlement Visa for my wife to live in the UK.

If I had the Irish Citizenship, would I we able to apply for the EEA instead?
Yes!
An chéad stad eile Stáisiún Uí Chonghaile....

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: Can I apply for the EEA?

Post by JAJ » Sat Jan 26, 2008 7:41 pm

UberKrieger wrote:I was born and raised in England, although I am entitled to an Irish passport and Citizenship through descent.

I'm currently planning on getting a settlement Visa for my wife to live in the UK.

If I had the Irish Citizenship, would I we able to apply for the EEA instead?
Yes - but are you aware it will take longer for your wife to get British citizenship that way?

UberKrieger
Newbie
Posts: 45
Joined: Sat Apr 14, 2007 2:23 am

Post by UberKrieger » Sat Jan 26, 2008 8:18 pm

I am aware that it would take longer for her to gain citizenship. I am currently working and living in the England and have never worked or lived in Ireland.

If I apply for the Irish Citizenship and Passport and receive it, can my wife still live with me if she gets the EEA?

UberKrieger
Newbie
Posts: 45
Joined: Sat Apr 14, 2007 2:23 am

Post by UberKrieger » Sun Jan 27, 2008 5:58 am

Can anyone help me with this please?

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Sun Jan 27, 2008 6:45 am

UberKrieger wrote:Can anyone help me with this please?

Help you with what?

If you don't understand what's on http://www.ukvisas.gov.uk then you need an immigration lawyer.

UberKrieger
Newbie
Posts: 45
Joined: Sat Apr 14, 2007 2:23 am

Post by UberKrieger » Sun Jan 27, 2008 7:21 am

With my second question above

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Sun Jan 27, 2008 8:40 am

UberKrieger wrote:With my second question above

"If I apply for the Irish Citizenship and Passport and receive it, can my wife still live with me if she gets the EEA?"

Yes (perhaps stating the obvious - why would you even think otherwise?).

But are you sure a longer delay towards British citizenship is in your wife's interests? What's her nationality?

UberKrieger
Newbie
Posts: 45
Joined: Sat Apr 14, 2007 2:23 am

Post by UberKrieger » Sun Jan 27, 2008 8:51 am

I was told that you had to be atleast working in another EU country for 6 months to show that you are exercising your rights as a member of the EU/EEA. That's why I was going for the settlement Visa to begin with, Her Citizenship is Canadian..

So i'm assuming if I get the Dual Irish/British citizenship this is considered exercising my rights and therefore granting her the ability to get the EEA.

Advantage of this, is that it's free and may void around the future age prequisite (21) for Settlement Visa.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Sun Jan 27, 2008 11:36 am

UberKrieger wrote:I was told that you had to be atleast working in another EU country for 6 months to show that you are exercising your rights as a member of the EU/EEA. That's why I was going for the settlement Visa to begin with, Her Citizenship is Canadian..

So i'm assuming if I get the Dual Irish/British citizenship this is considered exercising my rights and therefore granting her the ability to get the EEA.

Advantage of this, is that it's free and may void around the future age prequisite (21) for Settlement Visa.
It might take longer than u think to get Irish Citizenship, are u intending to apply thru parents or grandparents?

You need birth certs, death and marriage certs for all and if ur applying thru grandparents thats a lot stuff to track down. I had to give up with mine, Irish folks being Irish folks, they didn't seem to exist when they first arrived in the UK, no record of anything....
An chéad stad eile Stáisiún Uí Chonghaile....

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Sun Jan 27, 2008 12:40 pm

UberKrieger wrote:I was told that you had to be atleast working in another EU country for 6 months to show that you are exercising your rights as a member of the EU/EEA. That's why I was going for the settlement Visa to begin with, Her Citizenship is Canadian..

So i'm assuming if I get the Dual Irish/British citizenship this is considered exercising my rights and therefore granting her the ability to get the EEA.

Advantage of this, is that it's free and may void around the future age prequisite (21) for Settlement Visa.
If you start out with a spouse visa, then you should stick to that route.

The U.K. interpretation of the EEA rules is that where the applicant is not resident in another EEA state, the requirements of the Immigration Rules opn issues like accommodation must also be met. Other EU states like Ireland and Finland go further and refuse EEA family permit applications outright where the applicant is not a resident of another EEA state.

UberKrieger
Newbie
Posts: 45
Joined: Sat Apr 14, 2007 2:23 am

Post by UberKrieger » Sun Jan 27, 2008 1:25 pm

My Wife is 20, if the minimum age for Settlement is changed to 21 she will have to wait a whole new year to come here.

I was hoping that the EEA would get around the age requirement issue.

I have the majority of documents to show I can fully support my Wife and that it is a Genuine relationship. So everything should be ok.

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