EEA2 questions - UK/Irish citizen with american wife

[mrjgc]

Hi all,

I was born in Northern Ireland and as such am a british citizen, but due to the belfast agreement can hold irish citizenship also, so I have sent off for my Irish passport so I can apply for my wife (american) through the EEA2 route.
My wife and I married in USA in 2005 and have been together since, we have a son (whom I am also getting an irish passport for - should receive passports in a week or so). I am currently employed within Northern Ireland (UK) but as an irish citizen once passport is received (therefore exercising treaty rights as EU Citizen working in the UK.

My questions are as follows:

1) Is my wife able to work whilst her EEA2 application is being processed given we have been married for 7 years once she receives her COA. (If for example she showed our marriage certificate and my passport).

2) Does my son have to be included in the EEA2 form given he will have his irish passport (which presumably gives him right of abode). He was born in America, is an american citizen, but also through me, a british citizen and irish citizen). (I currently hold a british passport, but will have irish passport through in a week)

Thanks in advance for any and all replies!

[Jambo]

1. Yes. The CoA would state her right to work.
2. No. EEA2 is for non EU nationals. For EU national children I would not bother applying anyway.

[Directive/2004/38/EC]

It sounds like you have never "lived part of your life" as an Irish citizen. Is there any part in which you have relied on your Irish citizenship so far?

If you are working, then you may still be able to use EU law.

You should be very clear with your employer that you are now identifying yourself as an Irish citizen and make sure he/she updates their records. You might also want to consider using your new passport for opening up new bank accounts. And by all means travel on it!

[mrjgc]

I have never lived any part of my life as an irish citizen, I am merely getting the irish passport as it allows me to use the EEA2 route for my wife (hope that doesn't sound too bad), I was advised to do this by immigration when I called them, as for my employer, is it required that I tell them I want to be considered as an Irish citizen?, if I do not do this, will it have a bearing on the EEA2 application for my wife?

Thanks again for the help and advice

[Directive/2004/38/EC]

I have never lived any part of my life as an irish citizen, I am merely getting the irish passport as it allows me to use the EEA2 route for my wife (hope that doesn't sound too bad), I was advised to do this by immigration when I called them, as for my employer, is it required that I tell them I want to be considered as an Irish citizen?, if I do not do this, will it have a bearing on the EEA2 application for my wife?

What exactly do you mean by the bolded part above?

It is actually not clear that you can simply apply for an Irish passport and then be considered Irish for the purposes of free movement law. See http://www.immigrationboards.com/viewtopic.php?p=488340

[Jambo]

I suggest you apply ASAP as changes to the legislation which will come into effect in mid July would prevent British dual nationals of making use of their EEA nationality to apply under the EEA regulation.

[mrjgc]

I suggest you apply ASAP as changes to the legislation which will come into effect in mid July would prevent British dual nationals of making use of their EEA nationality to apply under the EEA regulation.

Thanks Jambo, certainly will do, hoping to get the application away as soon as my irish passport is received in a week or so, what is the name of the legislation which you are saying will come into effect in Mid July?

[mrjgc]

I have never lived any part of my life as an irish citizen, I am merely getting the irish passport as it allows me to use the EEA2 route for my wife (hope that doesn't sound too bad), I was advised to do this by immigration when I called them, as for my employer, is it required that I tell them I want to be considered as an Irish citizen?, if I do not do this, will it have a bearing on the EEA2 application for my wife?

What exactly do you mean by the bolded part above?

It is actually not clear that you can simply apply for an Irish passport and then be considered Irish for the purposes of free movement law. See http://www.immigrationboards.com/viewtopic.php?p=488340

Not sure why part of my comment showed in bold, I read the McCarthy case, it seems where we differ is that she was claiming benefits and not employed, I don't claim any benefits at all, not even child benefit for my son nor anything else.

[Directive/2004/38/EC]

Not sure why part of my comment showed in bold, I read the McCarthy case, it seems where we differ is that she was claiming benefits and not employed, I don't claim any benefits at all, not even child benefit for my son nor anything else.

I made it bold so that I could more easily refer to it.

There is not a simple prerequisite list which allows you to say "McCarthy applies to me because I am a woman living on benefits" or "McCarthy does not apply to me because I am working".

Remember that you have never effectively been Irish in your day to day past. No passport.

UKBA seems to be taking the even more extreme position, in these upcoming changes, that if you have British citizenship, then any other EU citizenship does not matter. So if you had been born and raised in Spain as a Spanish citizen, but your father was British and so you happened to have British citizenship, then the EU rules would only apply to you if (through Singh) you had worked abroad.

[mrjgc]

Not sure why part of my comment showed in bold, I read the McCarthy case, it seems where we differ is that she was claiming benefits and not employed, I don't claim any benefits at all, not even child benefit for my son nor anything else.

I made it bold so that I could more easily refer to it.

There is not a simple prerequisite list which allows you to say "McCarthy applies to me because I am a woman living on benefits" or "McCarthy does not apply to me because I am working".

Remember that you have never effectively been Irish in your day to day past. No passport.

UKBA seems to be taking the even more extreme position, in these upcoming changes, that if you have British citizenship, then any other EU citizenship does not matter. So if you had been born and raised in Spain as a Spanish citizen, but your father was British and so you happened to have British citizenship, then the EU rules would only apply to you if (through Singh) you had worked abroad.

When exactly are these changes coming into effect, is there a specific date ?
What law or act are the impending changes under?

Thanks in advance, always like to read up on the specific laws and dates so I know what I'm up against.

Also directive, when you put that comment in bold, I actually called the Immigration center in Belfast, and they advised me that I could apply for an Irish passport and then fill in the EEA2 route for my wife, that was actual advice given by Immigration, obviously I was thrilled as the UK route is a nightmare and costly, also it would have involved my wife having to leave and get a settlement visa in the US before coming here, whereas the Immigration advisor told me that via the EEA2 route, my wife would not need to leave, but simply submit the EEA2 form (free of charge)

[Directive/2004/38/EC]

http://www.freemovement.org.uk/2012/06/ ... gulations/

[mrjgc]

http://www.freemovement.org.uk/2012/06/ ... gulations/

so does that mean basically that those applications received before July 16th won't come under this new constraint?, but those received after this date will?

[Directive/2004/38/EC]

See Schedule 3 http://www.legislation.gov.uk/uksi/2012/1547/made
I have not fully read through it all.

[Jambo]

If I understand correctly, Schedule 3 2 (3) means British dual national family members would be able to enjoy the old (current) regulations if the non-EEA is in the UK under the regulations on 16th July and makes an application for RC before 16th October.

[mrjgc]

If I understand correctly, Schedule 3 2 (3) means British dual national family members would be able to enjoy the old (current) regulations if the non-EEA is in the UK under the regulations on 16th July and makes an application for RC before 16th October.

Well, I certainly hope that will be the case as I will definetly be proceeding with the EEA2 application. My wife's mother was born in Hungary, and her grandparents both held Hungarian Citizenship, so not sure whether that will have any extra bearing on things.

[tanabrennan]

As an irish born in nothern ireland, you are an irish by birth you dont need to hold a passport to prove this, your birth certificate say so. Mccarthy was not born an irish, she inherite it through her mother, get this right, but as for you, you were born an irish and you do not need a passport to prove this. When applying do not mention british just mention you are an irish. Under good friday agreement you are an irish, go to forth street in belfast you will see these people do not want anything to do with british and all sign post are written in irish. You are totally different from mccarthy as the law say you can chose to be irish or british or chose to be both, thats your right as an irish born in nothern ireland. That right can never be rejected. It will cost you only £50 to do away with the british passport if you wish afterall both passport has the same power in northern ireland and UK.

[tanabrennan]

Check the news today, the queen is shaking hands with mcguinness the second minister of northern ireland, a renounce ira member, he is an irish and never want to hold a british passport but still he is the second man in northern ireland, this was becase he was born as an irish in northern ireland and beign born an irish in northern ireland you can hold a ministarial post to any post in northern ireland, that is the law to the nothern irish citizen and nothing can change that, you are an irish by birth and dont need a passport to prove that unlike mccarthy. Northern ireland citizen are different from any citizen in UK and in europe, you authomatically own two citizenship and have right to chose either. That is the law and it is the law and the judges in northern ireland and UK knows this.

[Directive/2004/38/EC]

As an irish born in nothern ireland, you are an irish by birth you dont need to hold a passport to prove this, your birth certificate say so. Mccarthy was not born an irish, she inherite it through her mother, get this right, but as for you, you were born an irish and you do not need a passport to prove this.

I am not sure there is any difference. McCarthy was also born Irish as far as I can see. She just applied for the passport after she got married.

[lolo82]

I have sent you a pm

[tanabrennan]

As an irish born in nothern ireland, you are an irish by birth you dont need to hold a passport to prove this, your birth certificate say so. Mccarthy was not born an irish, she inherite it through her mother, get this right, but as for you, you were born an irish and you do not need a passport to prove this.

I am not sure there is any difference. McCarthy was also born Irish as far as I can see. She just applied for the passport after she got married.

They are not the same, even though mccarthy is an irish citizen for that her mother was irish, this person dont his or her parents to be irish, he was born irish and dont need a passport to prove this but unlike mccarthy she need a passport to prove this.
This is the fact i am definitely know what am saying, in co. derry, part of co. armagh, co. down, if you say you are a british you might get killed, and all these counties are in northern ireland. Even in belfast.