Post
by GRY3645 » Mon Jul 21, 2014 8:20 pm
I have Dual Nationality, British (since birth) and Irish (obtained recently). I got my EEA residence card showing that I am an Irish National living and working in the UK. I had my Non EEA National wifes visa Refused, on the basis that I still hold British Nationality therefore cannot exercise treaty rights in the country of which I am also a citizen of. I sort of understand this, but surely as an Irish National I am entitled to the same human rights as everyone else in the EU (evidently not for British)
Can I renounce my British Citizenship and be considered ONLY as an Irish national living and working in the UK, therefore I must be allowed to exercise my treaty rights and be granted the same basic human right to a family life.
I cannot get my wife to the UK through the British route as I earn just under the minimum income requirement, so I want to exercise my treaty rights as an Irish National.
on the face of it, it would seem that if I renounce my British Nationality I only have Irish therefore I must be treated as an EU national entitled to EU Treaty Rights in the UK. But what I am worried about is if this does not work what other reason can they decide to prevent me from being with my wife. I love my wife very much and we are a genuine couple its heart breaking that we are being kept apart by the UK Home office, and the result of our current application means I cannot see her for a year now.
I have a strong application, Evidence for ongoing and continuing relationship, Marriage, Financial Support, proof of employment, suitable accommodation. I can't imagine any reason to refuse on these grounds but I'm worried about a conflict with my Nationality
any help would be appreciated