Family permit: wife of dual EEA national (Irish/British)

[Cocoa]

Hello everyone,

I am Mexican and I would like to know if it would be feasible to be granted a EEA Family permit for the UK using my husband's Irish (Republic of Ireland) nationality instead of using his British passport.

Some more info to give you more context:

1. My husband and I recently got married in Mexico, he stayed with me for almost a month and we decided we would settle in London (where we met in 2009 and where I lived for 3 years)

2. My husband was born and raised in Ireland, but one of his parents is British so he has a British passport, which he used to enter Mexico.

3. Our marriage certificate says he was born in Dublin but his nationality is marked as British because he used a British passport to enter the country.

4.My husband has always had a British passport, he has never asked for an Irish one and he has been living in the UK for about 20 years.

We would like to use the EEA route (Irish passport) because it seems to be quicker and the hassle seems to be less than with the spouse visa (British passport). He could get an Irish passport, that wouldn't be a problem, but I'm not sure if the application would be likely to be refused on the grounds of dual nationality, as apparently this matter is is under review due to a case being referred to the Court of Justice of the European Union (formerly ECJ).

Many thanks in advance for any help!

[vinny]

We would like to use the EEA route (Irish passport) because it seems to be quicker and the hassle seems to be less than with the spouse visa (British passport). He could get an Irish passport, that wouldn't be a problem, but I'm not sure if the application would be likely to be refused on the grounds of dual nationality, as apparently this matter is is under review due to a case being referred to the Court of Justice of the European Union (formerly ECJ).

See also Judgment.

[Directive/2004/38/EC]

You should have no problem moving to the UK on the basis of his Irish citizenship. Do you want to work right away in the UK?

I would encourage you to get his Irish passport as soon as possible. It will be required when applying for a Residence Card once you are in the UK. Do you know how long it takes to get the passport?

When do you want to travel?

[Cocoa]

Hello, thanks for your reply.

My husband is back in the UK and he would get the passport there. We have time cause I have work commitments in Mexico till October. Therefore I would aim to travel in September and yes it would be ideal if I could start working in the UK right away.

So do you think applying with his Irish passport but with a marriage certificate that says he is British would be fine?

Many thanks!

[Directive/2004/38/EC]

He should apply for the passport ASAP. And ask approximately how long it will take to process.

I do not personally foresee any problem with him being a dual national. He has lived in both countries and was born in Ireland. The recent court case was about somebody who was British and Irish but who had never lived outside of the UK. And who was not working.

Is he working in the UK?

[Cocoa]

Many thanks for the quick reply. Its highly appreciated. We'll look straight away into getting his Irish passport.

My husband is indeed working, he is a self-employed person in the UK.

[Cocoa]

One last question, would we have to submit both of his passports: the British and the Irish one?

[Directive/2004/38/EC]

If you are moving to the UK on the basis of EU law, then the citizenship of relevance is normally the non-UK citizenship. So in this case you would just submit the Irish passport.

[Cocoa]

Hello everyone just got my EEA Family Permit
Thank you all for your advice!

[Directive/2004/38/EC]

How long did it take from when you submitted until when you got the FP?