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Changes to EEA: dual British/Irish citizens

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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doratheexplorer
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Changes to EEA: dual British/Irish citizens

Post by doratheexplorer » Sat Jul 28, 2012 10:45 am

Hi,
I am a non-eea national married to a dual UK/Irish citizen living in Northern Ireland. We have been preparing our documents to apply for the EEA family permit so I can go live with my husband in the UK (we are currently living apart). However, after these new changes have been announced I am afraid our plan will no longer work.
Do you think we would still have a shot at it considering my husband has never lived in any other member state (except Northern Ireland, UK)?
We can't apply for a UK spouse visa as we are nowhere near the 18K income threshold they have announced :(

Any advice or words of wisdom would be highly appreciated!

Thank you

Jambo
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Post by Jambo » Sat Jul 28, 2012 12:28 pm

One option you might consider is moving to Ireland (or any other EEA state) using your British nationality, work there for several months and then move back to the UK using the Surinder Singh route (British returning after working in a different member state).

I'm not familiar with Ireland immigration matters, so I suggest you ask in the Ireland dedicated section of the forum if Ireland allows dual nationals to use their non-Irish nationality.

doratheexplorer
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Joined: Sat Jul 28, 2012 10:36 am

Post by doratheexplorer » Sat Jul 28, 2012 12:36 pm

Thank you for your quick reply. I will look into this route.
*fingers crossed*

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Jul 30, 2012 9:01 am

Has you husband always had an Irish passport? Which passport has he used in his day-to-day life in NI?

Note also that you could live in Ireland and he could continue to commute to his work in NI.

doratheexplorer
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Post by doratheexplorer » Mon Jul 30, 2012 9:17 am

Yes, he has always been a dual citizen since birth. However sometimes he used his British passport and sometimes his Irish one.
We are trying to think of a way to be eligible to settle in the UK (Northern Ireland) because that's our goal. We are looking into living in another EU state for a while and then applying for the EEA family permit upon going back to the UK.
However, I am wondering, does my husband need to be working in the other EU state or can he be a student and self-sufficient? For instance if he enrolls in a one-year college program in another eu country and I live with him there for that time.
Also, I am wondering if I, being a non-eea national would have any trouble living with him in another EU state for this matter. I have no information about this topic so I should research this more.

Directive/2004/38/EC
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Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Jul 30, 2012 10:55 am

doratheexplorer wrote:Yes, he has always been a dual citizen since birth. However sometimes he used his British passport and sometimes his Irish one.
What has he used the Irish passport for?

doratheexplorer
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Post by doratheexplorer » Mon Jul 30, 2012 10:56 am

For travel, however he lost it about a year or so ago, so now he has a fresh Irish passport

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