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Non EEA partner of dual British/Danish citizen


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Old 10th August 2012, 07:49 PM
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Default Non EEA partner of dual British/Danish citizen

Hi everyone,

I am an Israeli citizen, in a relationship with a British and Danish citizen for over five years now.
My fiance has lived most of his life in the UK, but about eight years in Denmark as well. At the moment he has been living in Israel with me for almost three years, having received a special visa for non-Jewish partners of Israeli citizens (wherein they checked our relationship and found it genuine).
We are planning on getting married, most likely in December in Denmark (we are unable to marry in Israel as it does not allow interfaith marriage).
We were hoping to move to the UK around January.
The issue with getting a normal UK wife visa is that my fiance does not meet the economic requirements and has not been earning 18,600 pounds a year, as he has been a student (though he has been working in a self-employed UK job from home and paying UK tax).
We were hoping to apply for an EEA family permit, but after much online research I realise there are upcoming changes to the whole dual nationality thing because of the McCarthy ruling.
One source states that between July 16th and October 16th, when the new law comes into place (not allowing a UK citizen to use his other EEA citizenship for this purpose) there is a transitional period in place. I am not clear what this transitional period means, someone somwhere wrote that only if I applied before 16.7 for the EEA permit or we were already married I would be able to apply.

However, on the UKBA official FAQ for the EEA Permit it clearly states:

EUN2.16 Can family members of dual British / Irish nationals qualify for an EEA family permit?

The intention is to amend the Regulations to reflect the terms of the McCarthy judgment, however until such time as Regulation 2 is amended, entry clearance officers/caseworkers will need to continue to treat dual British/EEA nationals as though they are EEA nationals when considering an application for documentation under the Regulations. Evidence of the EEA nationality must be provided.

This is why I am confused.
If I can still apply for the EEA permit before the 16.10, we could apply for it as long term partners (living together over two years) and prove our relationship, or, if absolutely necessary, organise a quicky wedding before then (although we prefer not to do that).
The question is - is it still possible? I will attempt to contact the UK embassy here and find out.
And if it is - would I still be able to apply for the EEA2 once in the UK?
I have really exhausted the internet with searchs to find al possible answers before writing here, but understanding the language and consequences of Schedule 2 of the rule amendment has proved a bit challenging for me.
I would really appreciate all your help and advice!

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Old 6th October 2012, 08:56 PM
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I am in almost exactly the same situation. Only now, it is almost October 16th. Did you do the application? What was the result?
thanks.
dns

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Old 6th October 2012, 09:18 PM
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Quote:
Originally Posted by 1DNS View Post
I am in almost exactly the same situation. Only now, it is almost October 16th. Did you do the application? What was the result?
thanks.
dns
We did not as my girlfriend has to go abroad and I was waiting for my Danish passport to be processed. But all signs indicate that it would be refused, whether before or after October 16th.

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