EEA route using dual British/EU citizenship

[ronaldo9]

I've checked with UKBA who said it would be no problem but just wanted to confirm that I can exercise my dual British/Italian citizenship and use the EEA Family Permit to have my non-EU wife join me in the UK after we get married next year?

It seems that this will be so much easier than the Spouse Visa option - but I just wanted to check before getting too excited. Any advice would be much appreciated.

[Directive/2004/38/EC]

Tell me about how you have used your Italian citizenship in the past? Have you used the passport in the UK? Elsewhere in the EU? Where have you lived outside the UK?

[ronaldo9]

I actually phoned the UKBA and asked if it would be ok to exercise my Italian citizenship in this way in order to apply for the EEA Family Permit. They said no problem at all - is this the case?

I've used the passport in the past for travelling in the EU and going back an forward to Italy.

[Directive/2004/38/EC]

How long have you had Italian citizenship? How did you get it?

How long have you had an Italian passport? Have you used it at all within the UK, for instance when proving that you have the right to work in the UK?

[ronaldo9]

I've had citizenship since birth due to my mother being Italian. I've never been asked for my Italian passport in the UK. I have both an Italian and British passport plus my Italian Identity card from my commune in Italy (Camaiore).

Surely this is enough since I've exercised my treaty rights by working in the UK?

[Directive/2004/38/EC]

I've had citizenship since birth due to my mother being Italian. I've never been asked for my Italian passport in the UK. I have both an Italian and British passport plus my Italian Identity card from my commune in Italy (Camaiore).

Surely this is enough since I've exercised my treaty rights by working in the UK?

When did you get your first Italian passport?
In what way have you exercised your treaty rights while working in the UK? Which passport did you show your UK employer?
Have you ever lived outside the UK?

I ask because it is not so clear optically in your case if you are British living in the UK or Italian living in the UK...

[ronaldo9]

I got my first passport when 13 or 14 - I've never been asked by any employer to show my passports. I've put British/Italian on most applications.

Why all the confusion over my question - I've even asked the UKBA: "Can I as a dual citizen of Italy and the UK exercise my right as an Italian citizen and have my non-EEA partner apply for the EEA Family Permit from Japan prior to her coming over? Their answer was yes."

Surely I'm not the first person with dual UK/EU citizenship to do this?

Thanks for all the continuing advice.

Edit: Surely it could be viewed as both? My Mother is Italian therefore I'm an Italian citizen due to her and British due to my father. Maybe I'm not clear on all the aspects though...

[Directive/2004/38/EC]

There was a recent ECJ case of Ms. McCarthy.

She is Irish and British. But she had always lived in the UK as a British citizen and was not working.

She then made a claim that her family members were covered by EU free movement law because she was Irish.

Her claim was rejected.

What is different in your case?
(1) You have had an Italian passport for many years
(2) You are working

How did you prove to your employer that you are allowed to work in the UK?

[ronaldo9]

I have never been asked to prove anything - I was born in Glasgow so have a Scottish accent (like many Scots-Italians) so I assume they would never think to ask. I've spent 2-3 months every year in Italy since I was born. My parents live there now. I also have my carta d'identita'. I have been on the official Italian consulate list as an Italian citizen since I was young - my mother even checked at my local commune 2 days in Camaiore and they confirmed that "I was one of theirs"

I'd rather know now if there is going to be any issues - my fiance is already pretty stressed with all this and is now happier since this EEA Method seems slightly easier than the Visa option.

What parts of the VAF5 form need filled in? I've read that some of it is redundant? Or should we just fill it all in when the time comes. Should be doing all this at British consulate in Osaka next year.

[Directive/2004/38/EC]

The McCarthy case is central in all this. Read through it carefully and see how you differ from that situation.

I've spent 2-3 months every year in Italy since I was born. My parents live there now. I also have my carta d'identita'. I have been on the official Italian consulate list as an Italian citizen since I was young - my mother even checked at my local commune 2 days in Camaiore and they confirmed that "I was one of theirs"

Have you ever worked in Italy at all? Or studied there? I suspect all of your mother's good work at tagging you as "one of theirs" will make the difference, and if it does you should make or buy her a lovely dinner!

If your employer has no present proof that you are allowed to work in the UK, then I might suggest you show him your passport and have him make a copy of it for his records.

[ronaldo9]

Ok - thanks for all your help.

What about the VAF5 question - does it all need to be filled in?

Also do I need CSI if I'm working in the UK? Is the NHS enough?

Thanks

If studying counts as doing a month long intensive language course, then yes.

[Jambo]

I actually phoned the UKBA and asked if it would be ok to exercise my Italian citizenship in this way in order to apply for the EEA Family Permit. They said no problem at all - is this the case?

I've used the passport in the past for travelling in the EU and going back an forward to Italy.

It depends how you phrased the question to UKBA. "I'm British. Born and lived all my life in the uk. I also hold an Italian citizenship. Could I bring my wife to the uk using EEA route?" might have given you different answer.
However from what you described, you can use the EEA route.
As for the vaf5 form most of the question don't need to be answered. see more here. Also, keep evidence to what is required. Providing unnecessary evidence could just bring trouble (excuses for refusal).
If you work, CSI is not required.