EEA family permit dual nationality

[boydepaname]

Hi,

I am hoping someone can offer some insight into my situation. I have searched the forum but can't find anything that quite resembles my situation!

I am dual French/British and plan to get married to my partner, a US citizen, currently here studying a Masters. I was born in, and have spent most of my life in the UK, with the exception of a couple of years spent studying/internship within the EU. I do not, and have never held a British passport, and have always travelled on a French one, and intend to use my French nationality for marriage. I currently work full time in a large accountancy firm.

My question is whether my wife to be would be entitled to an EEA family permit on the basis of my french nationality?
I understand there is a case currently (McCarthy) but I think my situation differs in that I am in full time employment, and I am of a different EU nationality (not sure if Ireland is a seperate case or not).

I apologise in advance if there is a similar thread already...I did search and couldn't find one!

Any insight/help would be most appreciated.

Thanks

[Joppa]

Originally Posted by boydepaname

Hi,

I am hoping someone can offer some insight into my situation. I have searched the forum but can't find anything that quite resembles my situation!

I am dual French/British and plan to get married to my partner, a US citizen, currently here studying a Masters. I was born in, and have spent most of my life in the UK, with the exception of a couple of years spent studying/internship within the EU. I do not, and have never held a British passport, and have always travelled on a French one, and intend to use my French nationality for marriage. I currently work full time in a large accountancy firm.

My question is whether my wife to be would be entitled to an EEA family permit on the basis of my french nationality?
I understand there is a case currently (McCarthy) but I think my situation differs in that I am in full time employment, and I am of a different EU nationality (not sure if Ireland is a seperate case or not).

I apologise in advance if there is a similar thread already...I did search and couldn't find one!

Any insight/help would be most appreciated.

Thanks

I cannot see why your future wife can't get EEA family permit. You are clearly exercising your treaty rights in UK as a French national and the fact you are entitled to British passport is neither here or there. McCarthy case isn't relevant as it deals with British/Irish citizenship of someone born in Northern Ireland (if I recall correctly).

[SAMie]

Originally Posted by Joppa

I cannot see why your future wife can't get EEA family permit. You are clearly exercising your treaty rights in UK as a French national and the fact you are entitled to British passport is neither here or there. McCarthy case isn't relevant as it deals with British/Irish citizenship of someone born in Northern Ireland (if I recall correctly).

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.

[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

[AnAmericanInScotland]

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

Where did you find that document (I've heard they were going to do this, but haven't seen anything official)-UKBA or Home Office site? I've tried to get a copy using the info you posted (I've bolded in your quote) but can't find anything.

Can you point me at it?

[boydepaname]

Originally Posted by AnAmericanInScotland

Where did you find that document (I've heard they were going to do this, but haven't seen anything official)-UKBA or Home Office site? I've tried to get a copy using the info you posted (I've bolded in your quote) but can't find anything.

Can you point me at it?

It wouldn't let me post the full link as I'm a newbie, so to get the full url, just add a 'w w w.l' on to the front!

[ghaleb]

Originally Posted by AnAmericanInScotland

Where did you find that document (I've heard they were going to do this, but haven't seen anything official)-UKBA or Home Office site? I've tried to get a copy using the info you posted (I've bolded in your quote) but can't find anything.

Can you point me at it?

I am not allowed to post URLs, so please put www before the following link to see the intended changes.

legislation.gov.uk/uksi/2012/1547/made

[AnAmericanInScotland]

Originally Posted by ghaleb

I am not allowed to post URLs, so please put www before the following link to see the intended changes.

legislation.gov.uk/uksi/2012/1547/made

Thanks! Came up perfectly, and now my eyeballs are twisting at how long that is! Here is a link to the document for the faster readers:

The Immigration (European Economic Area) (Amendment) Regulations 2012

I really don't read onscreen that well so it's going to take me some time to find the section you are talking about. Meanwhile hopefully someone like Jrge, Nyclon, or Joppa will be around to have a look as well.

I had heard that the thinking was that a dual UK-whichever citizen would henceforth be considered to be 'home' if living and working in the UK and therefore unable to obtain EEA FP or EEA2 for family members, but I hadn't seen anything official.

[AnAmericanInScotland]

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

...make it clear that a person will not be regarded as an EEA national where they are also a United Kingdom national.

This amendment of the definition of an EEA national reflects the ECJ’s judgment in the case of C-434/09 Shirley McCarthy v Secretary of State for the Home Department. Schedule 3 to these Regulations makes transitional provisions to address the position of persons who have acted in reliance on the previous definition

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.

[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.