New EEA Regulations 2012 - implications for dual British/EU

[JulietSoul]

See also Surinder Singh timing.

Very cool. I had not noticed that before. Very important for this couple!

Thanks Jambo! I will look into this.
Spoke to UKBA again, this time they had a representative who seemed to actually know what she was talking about, but she seemed to think he needed to be excersicing treaty rights right now. However she was reluctant to give advice and said we should speak to the Israeli embassy.
We called and were told to send an e-mail...
We are wondering whether we need a lawyer at this point to point us in the right direction. Tried to look up non-for-profit law advice in the UK but it all seems to be CAB or other agencies which help people in their communities, but as we are in the UK this does not seem relevant.

[JulietSoul]

See also Surinder Singh timing.

Very cool. I had not noticed that before. Very important for this couple!

Just reading a bit more, wouldn't this apply only if I had lived with my fiance in Denmark while he was excercising treaty rights? Because I didn't...

[Jersey]

My partner and I have been living in Israel for almost three years.
He has lived in Britain until the age of 11, then moved to Denmark until he was about 21, and since then has been travelling around, spent less than 2 years in the UK since then (is 31 now).

If you have been living in Israel for the last 3 years, it doesn't apply to you.

my partner (the dual citizen) and I are only planning to get married in December/January, we could theoretically apply based on having lived together for over 2 years, get married and then move to UK as a married couple with the EEA family permit?
If I indeed get it, will I have any issues applying for a residence card once inside the UK, or will that keep working as before?

Where are you planning to get married? if you get married in Israel and you want to come here, you will need to apply for EEA family permit (assuming he will be using his EEA citizenship). You will need to apply for it in Israel at the British Embassy/Consulate .

You should not have issues getting a residence card, considering you are doing the application based on his EEA citizenship.

If you apply to come to UK as spouse of British citizen then EEA regulation do not apply for you and you will need to apply from Israel for a Spouse Visa which cost 750-800 pounds.

It's better to do it the EU way, good luck.

[JulietSoul]

My partner and I have been living in Israel for almost three years.
He has lived in Britain until the age of 11, then moved to Denmark until he was about 21, and since then has been travelling around, spent less than 2 years in the UK since then (is 31 now).

If you have been living in Israel for the last 3 years, it doesn't apply to you.

my partner (the dual citizen) and I are only planning to get married in December/January, we could theoretically apply based on having lived together for over 2 years, get married and then move to UK as a married couple with the EEA family permit?
If I indeed get it, will I have any issues applying for a residence card once inside the UK, or will that keep working as before?

Where are you planning to get married? if you get married in Israel and you want to come here, you will need to apply for EEA family permit (assuming he will be using his EEA citizenship). You will need to apply for it in Israel at the British Embassy/Consulate .

You should not have issues getting a residence card, considering you are doing the application based on his EEA citizenship.

If you apply to come to UK as spouse of British citizen then EEA regulation do not apply for you and you will need to apply from Israel for a Spouse Visa which cost 750-800 pounds.

It's better to do it the EU way, good luck.

We are going to married in Denmark around Xmas/new year time. We cannot legally marry in Israel as we are of different religions and Israel does not allow such marriages in country.
I don't understand your recommendation, the whole issue is that as of 16.7 he apparently cannot use his EEA citizenship unless he renounces his British one, he will be considered British only for the EEA permit.
We cannot apply the UK route because he does not earn enough money right now or have a job offer there yet...

[Jersey]

We are going to married in Denmark around Xmas/new year time. We cannot legally marry in Israel as we are of different religions and Israel does not allow such marriages in country.
I don't understand your recommendation, the whole issue is that as of 16.7 he apparently cannot use his EEA citizenship unless he renounces his British one, he will be considered British only for the EEA permit.
We cannot apply the UK route because he does not earn enough money right now or have a job offer there yet...

Congratulations on your upcoming wedding. Pity you can't get married in Israel.

I think the UKBA interpretation is not in line with EEA regulations and with EU directives.

I understand about the issues with UK route, which leaves you with the option to go the EU way. The British embassy can't refuse giving you EEA family permit as family member of EEA national. When you apply at the British embassy (the country of destination where you going to live), you do not need to mention his British citizenship. Do the application based on his Danish one, and make sure when you are getting married that it will be done with his Danish passport (registration).

Once you're married and you translated the marriage certificate. Go to the British embassy in Israel or Denmark (from whatever country you will fly to UK), apply for EEA family permit. You will be getting it within a week to 2 weeks. Once you have it, have a safe flight to the UK.

Upon arriving, fill in the application and apply for the residence card and present his Danish passport and your marriage certificate and any other documents you are asked. They can't refuse giving you residence card, as they can't refuse giving you EEA family permit once you are married.

Good Luck!

[JulietSoul]

We are going to married in Denmark around Xmas/new year time. We cannot legally marry in Israel as we are of different religions and Israel does not allow such marriages in country.
I don't understand your recommendation, the whole issue is that as of 16.7 he apparently cannot use his EEA citizenship unless he renounces his British one, he will be considered British only for the EEA permit.
We cannot apply the UK route because he does not earn enough money right now or have a job offer there yet...

Congratulations on your upcoming wedding. Pity you can't get married in Israel.

I think the UKBA interpretation is not in line with EEA regulations and with EU directives.

I understand about the issues with UK route, which leaves you with the option to go the EU way. The British embassy can't refuse giving you EEA family permit as family member of EEA national. When you apply at the British embassy (the country of destination where you going to live), you do not need to mention his British citizenship. Do the application based on his Danish one, and make sure when you are getting married that it will be done with his Danish passport (registration).

Once you're married and you translated the marriage certificate. Go to the British embassy in Israel or Denmark (from whatever country you will fly to UK), apply for EEA family permit. You will be getting it within a week to 2 weeks. Once you have it, have a safe flight to the UK.

Upon arriving, fill in the application and apply for the residence card and present his Danish passport and your marriage certificate and any other documents you are asked. They can't refuse giving you residence card, as they can't refuse giving you EEA family permit once you are married.

Good Luck!

Thanks for he advice, but I am not sure it will work. For one, they ask on the forms if he is a British citizen, plus he has already e-mailed the consulate explaining the case (and that he is a dual citizen).
You think it's better to wait until we are married? We were thinking, since the regulations change is so recent, it may be wiser to apply as soon as possible (given that we would still be eligible as we have been living together for over two years and can prove our relationship).

[Jersey]

Thanks for he advice, but I am not sure it will work. For one, they ask on the forms if he is a British citizen, plus he has already e-mailed the consulate explaining the case (and that he is a dual citizen).
You think it's better to wait until we are married? We were thinking, since the regulations change is so recent, it may be wiser to apply as soon as possible (given that we would still be eligible as we have been living together for over two years and can prove our relationship).

They can ask, you don't have to say he is, you are doing an application based on EEA regulations. Obviously they ask because they make money from it and the EEA route if free of charge. If I were you, I would apply based on his EEA citizenship and not mentioning the fact he's dual national as it may cause problems as you understood.

I think once you're married, you are protected by EU Directive 2004/38 in terms of freedom of movement and all attached to it. It's better to have a marriage certificate then to try and prove relationships as partners, but that's just my opinion.

[JulietSoul]

This is probably not possible, but I am going to ask anyway:

What if I entered the UK as a tourist (completely possible being an Israeli and I've done it before) after we got married and then applied for a residence card?

I understand this is probably not possible but thought it was worth asking anyway...

[Jersey]

This is probably not possible, but I am going to ask anyway:

What if I entered the UK as a tourist (completely possible being an Israeli and I've done it before) after we got married and then applied for a residence card?

I understand this is probably not possible but thought it was worth asking anyway...

You can't and you won't be issued a residence card. If coming as married you either need Spouse/Fiancee visa. Listen to my advise regarding using the EEA route.