Dual Nationality (UK and EU) - what options?

[Let_her_in!]

Hello,

First, this is great board and I have already picked up a lot of useful information! Thanks for all the help in advance...

I am planning to marry my fiancee very soon (she is non EU), and I have been trying to research the process and options for her to come and join me back in the UK as quickly as possible.

Until very recently, my fiancee was living in the UK (were we met) under a tier 2 Visa and she worked legally as an Architect until she was made redundant a few months ago. After she was made redundant, she stayed in the UK looking for other jobs that would sponsor her but no luck, and she used her own savings and support from her family as means of support during this time. Her current Tier 2 visa expires in November 11. She had to return to her home country in a rush because of a close family member illness and subsequent bereavement this week.

Now myself:
I was born in an EU country (EU parents), I have lived in UK for many years (ex-wife is British - divorce sorted and everything else in this front, etc...) and I have dual citizenship i.e. UK passport and an EU passport (EU passport expired a few months back but in the process of renewing).

What are my options?
- UK Fiance(e) Visa and marry in the UK (using my UK citizenship)?
- Marry my fiancee outside the UK (in her home country), and apply for a Wife visa (using my UK citizenship)?
- Marry my fiancee in my EU country and apply for a EEA family permit based on my EU citizenship? (main benefit is no fee from what I can see...)

My preference at the moment is follow the Fiance(e) Visa route, as my employment, status, finances and accommodation are not and issue. However this will be the most expensive route from what I read on this board!!! (my fiancee as previously taken and passed an IELTS test, but she will need to take it again as it was over 2 years ago...)

The possibly of marrying in my home EU country is also attractive as we could have a very nice family wedding (I have no close family in the UK). My fiancee has a Shengen passport and she can easily travel to my home EU country if we choose that option. but my understanding is that she would not be entitled to my home EU country citizenship! I am also trying to get immigration advice for my home country but the Consulate in London are worst than useless !!!

Does my dual nationality status give myself and fiancee more options or easier alternatives ? (we plan to live in the UK for the foreseeable future)

So, any advice would be welcome (we want to be together ASAP as expected...)

Regards
J

[Lucapooka]

If, as you say, you can meet (and afford) the requirements of the UK immigration rules for settlement, that is the better option. You do have the option of her residing under the less financially-onerous EU rules, but this is a much longer route to permanent settlement. The former takes two years and the latter takes five.

Under the UK rules, the financial benefit of marrying outside the UK and applying for a spouse visa (thus avoiding the in-country switch after fiancee entry and marriage) is often cited, but when you consider that you have to travel to marry outside the UK, the saving is sometimes negligible. These matters often amount to family decisions on where is the most convenient place for everyone to attend the ceremony.

[Let_her_in!]

Hi Lucapooka,

Thanks for the advice and quick reply...

I will be making trips to both my home country and my fiancee's country over the next few weeks anyway to visit my family and my fiancee. So, travel would not be an issue.

I was not aware of the longer router to settlement under the EU rules. Also, I am worried that getting married in my EU home country will actually slow things, as they love bureaucracy and things move slowly!!! (but possibly easier than the UK)

J

[Casa]

One point regarding the timescale to permanent settlement (ILR). The Government are proposing a change from the current 2 years for a Spouse under UK rules to 5 years. Likely to be introduced in April 2012...if the consultation receives official approval next month.