EEA family permit dual nationality

[AnAmericanInScotland]

Originally Posted by Stressed1111

me 2 im struggling with your q too, ut have been told by the mods

that if u are british and lets say irish or french also and living in the UK , u can still apply using a EEA family permit

i didnt know that previously so have ended up paying the fee.

According to the legislation at the link provided, that is going to be changing, and British citizens in the UK will no longer be able to claim EEA over UKC for purposes of bringing in spouse and/or family.

Read the link. All of, with particular attention to the first few bits and then the very last. Makes it pretty clear-a UKC will no longer be able to bring in a spouse and/or family on an EEA FP.

ETA: link

http://www.legislation.gov.uk/uksi/2012/1547/made

[Jrge]

Originally Posted by boydepaname

Sorry to re-start this thread, but from reading elsewhere, it seems that my situation may be changing, and would appreciate any opinions!

I came across this document, which states that EEA national will now not be applied if the person is also a British National.

egislation.gov.uk/uksi/2012/1547/made]The Immigration (European Economic Area) (Amendment) Regulations 2012
Does this mean my fiance (wife by the point we apply) will have to apply with me as a British National? I believe I fulfill the new criteria, I just want to avoid the £800 if I can!

Thanks

Hi,

Unless you get married in the incoming days, and submit an application for an EEA-FP before July 16th (Take the time to read Schedule 3 here: The Immigration (European Economic Area) (Amendment) Regulations 2012), you would be subject to the McCarthy judgment. InfoCuria

However, should you relocate to another EU State, then the Surinder Singh Ruling Casefinal would allow you to enjoy the Freedom of Movement.

Animo
(Cheers)

[ghaleb]

Originally Posted by AnAmericanInScotland

Oh. I found it. At the very bottom, and yes, it does appear that this legislation is being done to:



I need to go back and dig through that doc to find out when this comes into force, but I think it's safe to think that you and your fiancee will be applying for either a fiancee or a spouse (depending on when you apply, pre or post wedding) visa.

Erm, if you do it before the 9th, your fiancee would be under the pre-9 July rules for her immigration path, two year probationary period and then the ILR application.

I do not see any changes to the law here other than clarifying the definition of an EU national. The EU court judgement made it clear that an EU national should exercise his right of movement in order to be seen as EU resident. but if you stay in your country you are a resident of that county and the local law applies on you....

No changes in the law, only clarifying it.

[AnAmericanInScotland]

Originally Posted by ghaleb

I do not see any changes to the law here other than clarifying the definition of an EU national. The EU court judgement made it clear that an EU national should exercise his right of movement in order to be seen as EU resident. but if you stay in your country you are a resident of that county and the local law applies on you....

No changes in the law, only clarifying it.

I think there's more to it than that, although reading on the UKBA EEA pages would seem to indicate it has always been the rule.

Thing is, the dual citizenship thing-that apparently people have been using to circumvent UKBA fees, lol, and now, those new financial requirements.

I'm on my way to read the link to the McCarthy judgment that Jrge has posted, more info there, I'm sure.

[Stressed1111]

so after july 16th if u are a uk citizen and a citizen of another eu country but living in the uk , u will not be able to exercise your treaty rights...

wow so it sounds like europeans have more rights that the british in the UK.

why dont they just put the same fee on for the europeans and give them the same standards - major inequality

[boydepaname]

Ugh, looks like I'm just gonna have to suck it up and pay the £800 or whatever...starts adding up when you add the £600 for the fiancee visa!

All this seems to do is penalise UK dual citizens...if it keeps going this way I might just have to renounce my UK citizenship!

[mehemlynn]

Originally Posted by boydepaname

Ugh, looks like I'm just gonna have to suck it up and pay the £800 or whatever...starts adding up when you add the £600 for the fiancee visa!

All this seems to do is penalise UK dual citizens...if it keeps going this way I might just have to renounce my UK citizenship!

It isn't penalising UK dual citizens, although it is discriminatory against UK citizens in general.

In any citizenship paperwork I've ever seen it always says if you are living and working in a country you are a national of, then don't expect help from the other country that you are a national of (that's the gist at least). I'm actually surprised they let people get away with this at any point.

[boydepaname]

Originally Posted by mehemlynn

It isn't penalising UK dual citizens, although it is discriminatory against UK citizens in general.

In any citizenship paperwork I've ever seen it always says if you are living and working in a country you are a national of, then don't expect help from the other country that you are a national of (that's the gist at least). I'm actually surprised they let people get away with this at any point.

I don't really want to get too bogged down in this, but I suppose it's the fact that I have never previously relied on my UK citizenship (I don't even hold a UK passport). So when people from other EU countries are able to apply for EEA permits and I have to fork out over £800, I guess I do feel slightly hard done by.

[mehemlynn]

Originally Posted by boydepaname

I don't really want to get too bogged down in this, but I suppose it's the fact that I have never previously relied on my UK citizenship (I don't even hold a UK passport). So when people from other EU countries are able to apply for EEA permits and I have to fork out over £800, I guess I do feel slightly hard done by.

Joppa knows much more than I do about the EEA permits, check out the reply in this thread. The Immigration (European Economic Area) (Amendment) Regulations 2012

[Jess22]

Originally Posted by SAMie

Hi,
I have dual nationality Irish(Republic of Ireland)/British and I successfully applied for an EEA family permit for my Australian husband based on my Irish nationality. So you shouldn't have any problem applying on your French nationality.

Hi Samie how ru? Have the rules changes about irish Brit dual nationality and eea? I applied for my partner and was refused in April due to them believing I'm British not irish!! Wish I'd appealed it? I'm hearing things about a McCarthy case which I don't know much about but I believe my case different? Im dual and most definitely irish I work and really want to start our life here!! Any advice would be great or I can give u my email and u could give me a hand of what to include? Xx