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If you are married to your thai wife she can apply for a family permit to enter UK from her UK embassy using EEA route. As long as you are exercising treaty rights by working.Irishfella wrote:Hello members this is my first post on the forum. I was directed here by a member on another forum.
I am married to a Thai citizen. I live in Northern Ireland and I am an Irish passport holder. My wife has been to my home in Belfast each summer for the last 3 years. Her first two visits were on tourist visitors visa's and her last visit was on a spouse visitors visa. All visa's were issued by the British Embassy in Bangkok.
I have just today been informed that I can apply via the EEA route. Is this true? I thought the British Government has closed the loop hole by stating that the sponsor must have lived for some time in the European Country where their passport is issued. I have never lived in the South of Ireland. The Good Friday Agreement does state that I can have Dual Nationality.
All replies will be greatly appreciated
Thankyou, Mike.
I slightly disagree. NI is a unique situation. People born there can be Irish only, British only or dual nationals. This is determined by the actions taken by the individual. So if you never applied for British passport, only Irish one and identified yourself as such, you will not be considered British. If you held British passport in the past but not anymore, you have identified yourself as British in the past, so you are still British.chaoclive wrote:Sorry, but your understanding is wrong. He has British citizenship (unless he has renounced it) and, therefore, will be rejected if his partner applies for an EEAFP. This is definite. Please read the links I sent. It is extremely clear. Things changed after the McCarthy case in 2012. It makes no difference how he got either citizenship. The fact is that he has both. [ASSUMPTION: OP was born in N. Ireland, not ROI.]
There is no such thing as having a passport without having citizenship. If you don't have citizenship, you can't get a passport. I suspect that you are confused.
I was born in Belfast and have both passports. I am very aware of the situation. I have NO family ties to the ROI at all, but I hold an Irish passport, simply because I was born in Northern Ireland before 2005.
Best
CC
PS: You are definitely right that dual citizenship won't work, but, even if you don't tell the UKBA/Embassy, they might suspect that the OP has British citizenship, simply because of the fact that he was born in Northern Ireland.
A British passport does not confer citizenship but is merely evidence of it.Jambo wrote:So if you never applied for British passport, only Irish one and identified yourself as such, you will not be considered British.
Exactly.vinny wrote:A British passport does not confer citizenship but is merely evidence of it.Jambo wrote:So if you never applied for British passport, only Irish one and identified yourself as such, you will not be considered British.
I would take legal advice on this not just accept the HO point of view.chaoclive wrote:Jambo: I have asked the Home Office specifically about this question. The Good Friday Agreement does not affect nationality law (This is confirmed by their FOIA response linked to above, which confirms that you have to 'take positive action' to renounce UK citizenship, no matter how you view yourself.)
If you were born in NI under the conditions stated in nationality law, you are British...no matter what you identify as.
Hi Mike,Irishfella wrote:Hello members this is my first post on the forum. I was directed here by a member on Thaivisa.
I am married to a Thai citizen. I live in Northern Ireland and I am an Irish passport holder. My wife has been to my home in Belfast each summer for the last 3 years. Her first two visits were on tourist visitors visa's and her last visit was on a spouse visitors visa. All visa's were issued by the British Embassy in Bangkok.
I have just today been informed that I can apply via the EEA route. Is this true? I thought the British Government has closed the loop hole by stating that the sponsor must have lived for some time in the European Country where their passport is issued. I have never lived in the South of Ireland. The Good Friday Agreement does state that I can have Dual Nationality.
All replies will be greatly appreciated
Thankyou, Mike.
Correct.chaoclive wrote:Salem is correct.
The options:
1) Follow the UK immigration rules (financial requirements etc)
2) Surinder Singh via another EEA country (of which you don't have citizenship, e.g. France/Germany etc)
3) Renunciation of one of your citizenships (not easy for the British one, but that should allow you to bring your thai wife to NI). There is a lawyer on this forum (Think it's 'el patron' or something like that). He says that some of his clients have been awarded EEAFPs after their partner's renounced British citizenship.
Good luck with your choice!
C
Thanks chaoclive.chaoclive wrote:Thanks Salem!
Glad to hear that your wife is on the way to getting sorted! We're probably gonna go with Irish citizenship (spouse of Irish national route) at 3 years in NI simply cos it's shorter...as long as I can get him the EEA FP to get into NI in the first place! Fingers crossed
Have you thought about getting your wife Irish citizenship...it might be a little quicker than waiting for the 5 years PR and then naturalizing? Just a thought...I know it's not for everyone.
All the best to you!
I slightly disagree. NI is a unique situation. People born there can be Irish only, British only or dual nationals. This is determined by the actions taken by the individual. So if you never applied for British passport, only Irish one and identified yourself as such, you will not be considered British. If you held British passport in the past but not anymore, you have identified yourself as British in the past, so you are still British.
I believe 'stickin out big lad' is the appropriate response!Kolner_Mike wrote:BTW a big "'Bout Yee!" to all my fellow countrymen. We're not Brazil we're Northern Ireland!
Bout Yee big lad!Kolner_Mike wrote:I just admit I was not aware of the 2012 McCarthy Ruling and I'm a little peeved.
To travel back to the UK we have always applied for an EEA Family Permit. But this is getting to be a right pain. The waiting times even for the "express" €120 service are sporadic. Sometimes 10 days, sometimes 8 weeks!
Do you think it is possible for my Wife and Daughter to travel back to Ireland (Dublin) without me and using just the Wife's Thai Passport, German Residence Card and Daughter's UK Passport?
Can my Wife enter on the grounds she is escorting our Child? The Residence Card allows Freedom of Movement in the EU. That's printed on it in German. Along with "Residence Card of a Family Member of a Union Citizen"