More info on British/Irish dual citizenship for EEA family permit

[Gretta]

Hello. I myself applied for Residence Card last July under EEA rules because my husband is an Irish national but living here in the UK for more than 30 Years now. I'm still awaiting for the result. Hope they'll grant my application.

[Manila_Paul]

Hello. I myself applied for Residence Card last July under EEA rules because my husband is an Irish national but living here in the UK for more than 30 Years now. I'm still awaiting for the result. Hope they'll grant my application.

Is that for the EEA2?

Just going through the form now for the initial EEA permit - I note a return date has to be submitted? I'm guessing this should be 6 months after entry, even if you're planning to apply for the residence card? That also makes me a bit nervous of the 'purpose of visit' question? What should this actually be? Settlement? Despite stating a return after 6 months?

Terpe, on this point:

Always remember that this means that the status granted is not legally held, it is solely a policy decision by the Home Office, and may or may not be granted.

Just wondering, considering the above post, could they potentially turn down the EEA2 even after granting the initial permit? After all, a change in policy would mean such applications would fall foul of the changes? Or would they have to be consistent?

[Terpe]

Terpe, on this point:-
Always remember that this means that the status granted is not legally held, it is solely a policy decision by the Home Office, and may or may not be granted.

Just wondering, considering the above post, could they potentially turn down the EEA2 even after granting the initial permit? After all, a change in policy would mean such applications would fall foul of the changes? Or would they have to be consistent?

I'm not sure I really understand what you asking....... that quote relates to the Home Office position after the ECJ McCarthy ruling but before the current ruling.

As it stands right now the law that states that a transitional period exists until 16th October after which time:-

An EEA national is therefore now defined in amended regulation 2(1) as “a national of an EEA State who is not also a United Kingdom national”.

If you're wanting to try this route you'll need to get the application submitted asap.
Do you hold have Irish Citizenship and Irish Passport?

Once you have been granted entry to UK (Family Permit) residence is legally automatic, however personally I would always suggest making application for a residence card.

That form is very badly designed. UKBA use it as a generic 'one-size-fits-all' form without any explanation of the differences in category of application.

The form can make it look as though there are more requirements than there are, also the online form may deviate from the paper from slightly.
The EEA Family Permit is applicable whether you want to visit the UK for a short trip or even for taking permanent residence.
It asks question relating to all sorts of different situations instead of just specific requirements.
Personally I feel there's a lot of questions on that form that goes so far beyond the spirit of EU Treaty right and that it may actually violate European law, but that's just an opinion of a grumpy old man.

If you have any desire to read the full UKBA 'Internal Guidance' then it's here

Enter a date that you believe will be the very earliest your wife plans to enter UK. The visa will be dated from that date when she says she wants to travel (Family Permits are supposed to issued very quickly)

Enter any date, say 4-6 months from the date she plans to enter UK.
The EEA Family Permit for the EEA-national partner will be issued for 6 months.
During that time she will be expected to apply for a Residence Permit from UKBA.

Actually the specific date does not matter. She will not be an overstayer. She can stay as long as she wants. As I previous suggested though better to apply for the residence permit though.

I'm sorry for the long answer but the reason is just that when filling out the form online by not correctly completing all the boxes you often cannot move to the next page of the form.

I can't remember if the new forms have changed significantly or not but if there's a space somewhere then your wife you can write that she intends to stay in UK with you (her husband) permanently.

Hope that helps.
If you feel you need confirmation on anything just check with UKBA.
I know others have done that too.