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Discussion Starter · #1 ·
Hi

My wife has an Irish Citizen and under that we are going to apply for my resident card(EEA FM).
My wife is born and brought up in England.
Currently she is on Jobs seeker allowance.
Can anybody please help me with the requirements and documents for resident card for Me?
 

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Does your wife have British citizenship as well and British passport? If yes, you cannot get EEA family permit or residence card and you have to get UK spouse visa.
 

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But is she British as well by being born in UK? She doesn't have to hold British passport in order to be British, and this fact will be certainly picked up by Home Office when you apply under EU rules. The only way you can apply under European regulations is if she gives up (renounces) British citizenship.
 

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Discussion Starter · #5 ·
Ok.

so if she gives up British Citizen then she will only have Irish Citizen, Under which we can apply for resident card for me Under the EEA. If yes, then can you pls help me with the procedure.

Thanks
 

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Think very carefully before renouncing British citizenship. While Irish citizens have right of abode in UK (quite apart from EU rules), she can be deported to Ireland on court order for serious conviction and banned for re-entry for 10 years or more. And while she can regain citizenship (only once), renunciation is a very serious matter. gov.uk site has details on how to renounce citizenship. And remember that should UK leave EU, your status in UK may become uncertain and complicated.
 

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Alternatively you can qualify under Surinder Singh by living with your spouse in another EEA country (not Ireland) and she exercises treaty rights by working or being self-employed. Then having moved her centre of life to that country (minimum 6 months), you can apply for EEA family permit. The same warning about UK exit from EU still applies.
If you can qualify for spouse visa (she has to meet financial requirement), it will be the best solution overall.
 

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Discussion Starter · #9 ·
Thanks

I was going through the laws for Can family members of dual British / Irish nationals qualify for an EEA family permit?

And i found the below link from gov website

https://www.gov.uk/government/publi...sh-nationals-qualify-for-an-eea-family-permit

Point no. 16 says abt it.

Im not understanding the law language in that which says "Comes within the scope of the transitional arrangements".

If you can please explain the point 16 in simple language that would be great help.

Thanks
 

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No, it doesn't apply in your case as you don't have residence card for UK applied under the previous rule. Very few people qualify for transitional arrangement.
 

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Discussion Starter · #14 ·
sorry for the same question..

My visa expires on 26 July 2015.
If we didnt get the ‘declaration of renunciation’ untill then, can i still apply for EEA/FM or i have to go back to home country.
 

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Probably the same timescale. Nothing gets done for a month with postal application, plus the processing time because of the backlog at Liverpool nationality unit.
You should really apply for residence card while your visa is still valid, though under EU rules you can argue you are already a family member of qualified person. Make sure she is in work by the time you apply, as it's very difficult to be approved when your EEA partner is a jobseeker.
 

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Discussion Starter · #16 ·
Thanks for all your help.

She his looking for jobs and going every week to see officer at jobs center.
What documents we need to apply for residence card?
 

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Your passport
Certified copy of your wife's passport or original national ID card (called passport card from July 2015 for Ireland)
Certificate of renunciation of British citizenship
Evidence of being a qualified person (exercising treaty rights) such as payslip and job contract.
Proof of accommodation like rental agreement.
Perhaps some evidence of cohabitation like joint bills etc.
 
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