Italian & Brit passport, can we use Italian P for EEAFP?

[Mrs.mdeben]

Please advice me with this one.

Husband holds Italian and Brit passport, we are living here in Cyprus since we are like teens but I don't hold a Cyp nationality, my question is, can we use his Italian passport to apply for EEA family permit without any problem because he also have Brit passport?

Thanks in advance..

[rosebead]

With his British passport, you would be eligible for entry under Regulation 9 of the Immigration (EEA) Regulations 2006 in that case. This would be under ECJ Surinder Singh case law (Case C-370/90). However with his Italian passport, unortunately the UK takes the view that if you are British, you are British no matter what other nationalities you hold. This comes from the UK's erroneous interpretation of ECJ McCarthy case law (Case C-434/09). You could try applying with your husband's Italian passport but if the Home Office realises that your husband is also British, they may refuse your application. You could however contest any refusals by saying that the UK has interpreted McCarthy case law incorrectly and that you are in fact eligible for entering the UK, because your husband has indeed exercised Treaty rights in Cyprus and has not always resided in the UK. It would probably be less stressful for all concerned if you just apply under Regulation 9 (Surinder Singh case law).

[Mrs.mdeben]

Hi rosebead. Thanks for the advice, I already applied for EEAFP and I will be receiving some answer next week, probably monday, Im just trying to look for some other options if ever I will get a refusal. The last option we have is to renounce my husband's BritCitizenship but we all know that it is a very big step to do so hopefully we dont need to do that and trying to search some details if we can use his Italian passport.

[rosebead]

Since you've both been in Cyprus so long and your husband presumably working, I very much doubt that you won't get the FP.

[Mrs.mdeben]

Since you've both been in Cyprus so long and your husband presumably working, I very much doubt that you won't get the FP.

At the moment, my husband is in part time job with his old boss because of the crisis here in Cyprus. He still have the same employer since he started working. Does it matter?

[jbminger]

My wife is dual UK/Irish citizen, I am a US citizen. - We both lived and worked in Dublin for over a year. I was given a EEA FP based on having lived/worked in Dublin. We openly informed the HO of my wife being dual UK/Irish.

I imagine they would grant you a FP as well. Please update to let us know.

[rosebead]

Part-time work counts as exercising Treaty rights. As long as the works is genuine and effective and not marginal and ancillary it's fine. EU law doesn't really define what that is, although there is ECJ case law that says 10 hours of work a week is genuine and effective (Case C-444/93 Megner and Scheffel).

I suppose you could try what jbminger did if there are any problems with your FP application.

[Mrs.mdeben]

My wife is dual UK/Irish citizen, I am a US citizen. - We both lived and worked in Dublin for over a year. I was given a EEA FP based on having lived/worked in Dublin. We openly informed the HO of my wife being dual UK/Irish.

I imagine they would grant you a FP as well. Please update to let us know.

Hi jbminger, did u use the SSroute? Using SS is really complicated thats why Im trying to see other options if ever I'll get a refusal. I will let you know xx

[Mrs.mdeben]

Part-time work counts as exercising Treaty rights. As long as the works is genuine and effective and not marginal and ancillary it's fine. EU law doesn't really define what that is, although there is ECJ case law that says 10 hours of work a week is genuine and effective (Case C-444/93 Megner and Scheffel).

I suppose you could try what jbminger did if there are any problems with your FP application.

I see. I'll wait for a call from the embassy and let you know then I'll go down on that option if ever I'll get a refusal. Thanks rosebead xx