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Hi All..

For all those Brits battle with the IHS here is a bit of clarity but its a hard pill to swallow.

Well i'm feeling a little hard done by after a long conversation with the Immigration department over the last week. If anyone as any advice or pointers on this it would be great.

My Wife is Belarusian and after a few years back and forth we decided at present the UK was the best place for us all to live.

Submitting the application we had a problem getting past the IHS payment. Couldn't find the exemption button. (it don't exist)

Because as it states on the website you are exempt if :

you’re a family member of a European national with European Union treaty rights.

Great i'm British that makes me European and therefore she and her daughter are exempt.

WRONG: I am only European when not in the UK, Under a more detailed definition a European is a citizen of a EU state other than the one you were born in..

Eg a French man is european when in the UK but when in France he is french.

So even though i pay taxes and have paid a lot into a system i now have to pay more and not only that but pay twice. While if i was from Germany or Poland or any other European country. Then even though my wife was a Non EU national she would be exempt. But because i am British she is not.

I would love to fight this as it really sticks in the throat. So if anyone as any advise or can link me something to argue the definition of European citizen it would be great.

Regards

Brad..
 

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My husband is English.

Does your daughter have a UK passport? Your daughter might be eligible for a UK passport depending on when she was born (different rules over the past few years/decades). If she is British, then she is exempt from paying the IHS surcharge. Otherwise, she would have to pay for the IHS.

I have had to pay for the IHS as I am a non-European national even though my husband is English.

Unfortunately, your wife is not exempt from paying it :(
 

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You're not mistaken - EU citizens have an easier time of bringing a non-EU spouse to the UK than do British citizens. You're not alone in being quite pissed off about it, either. It's against EU treaty rights for the UK to make an IHS imposition on an EU citizen or family member of an EU citizen, and thus the surcharge can only legally be applied to non-EU immigrants.

You can argue this, but the fact is that the UK might have to leave the EU in order to be able to make any financial or procedural restrictions on European immigrants. However, this would likely only result in a surcharge for ALL immigrants, rather than just non-EU immigrants. But that's just my speculation.

Again... You're not the only one who is upset
 
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Hi All..

For all those Brits battle with the IHS here is a bit of clarity but its a hard pill to swallow.

Well i'm feeling a little hard done by after a long conversation with the Immigration department over the last week. If anyone as any advice or pointers on this it would be great.

My Wife is Belarusian and after a few years back and forth we decided at present the UK was the best place for us all to live.

Submitting the application we had a problem getting past the IHS payment. Couldn't find the exemption button. (it don't exist)

Because as it states on the website you are exempt if :

you’re a family member of a European national with European Union treaty rights.

Great i'm British that makes me European and therefore she and her daughter are exempt.

WRONG: I am only European when not in the UK, Under a more detailed definition a European is a citizen of a EU state other than the one you were born in..

Eg a French man is european when in the UK but when in France he is french.

So even though i pay taxes and have paid a lot into a system i now have to pay more and not only that but pay twice. While if i was from Germany or Poland or any other European country. Then even though my wife was a Non EU national she would be exempt. But because i am British she is not.

I would love to fight this as it really sticks in the throat. So if anyone as any advise or can link me something to argue the definition of European citizen it would be great.

Regards

Brad..
There really isn't any way to fight this.

If the UK stays in the EU, you are still bound by UK immigration law as far as migration to the UK goes (I think that there's a clause in the EU treaty that specifically states that if you are a citizen of the country that you wish to live in, you cannot exercise Treaty rights and are bound by the laws of the country).

If the UK leaves the EU, you are still bound by UK immigration law as far as migration to the UK goes, as the UK will be free from the EU rules and regs.

So, basically, you're damned if you do and you're damned if you don't.
 

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And if you want to travel, live or work in EU countries past Britexit, you will be subject to EU and national rules on visas, permits and charges, unless you are married to still an EU citizen. So you can't have it both ways.
 
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