the incoming new immigration law.

[Gretta]

Hello and good day everyone.I just want to ask if the new incoming law on July 9 will also affect aplplying for an EEA Residence Card? Thanks

[Gretta]

I will soon be applying for the EEA Residence Card after our wedding. And we are anxious about the new incoming immigration law. Will it affects my EEA residence card application?

[Terpe]

I will soon be applying for the EEA Residence Card after our wedding. And we are anxious about the new incoming immigration law. Will it affects my EEA residence card application?

Hi Gretta, don't worry there are no impacts on your case.

[joebloggs]

i think you posted about EEA changes Terpe,
http://www.freemovement.org.uk/2012/...a-regulations/

‘derivative residence’ has been created with its very own new ‘derivative residence card’. This type of residence will never qualify the person for permanent residence. This is of highly questionable legality and challenges are likely.

and

The definition of ‘EEA national’ has been amended to eliminate dual nationals who are British citizens. Some transitional arrangements are put in place for those who relied on the previous understanding of the law, though.

[Gretta]

Does it mean that my Irish fiance doesnt neèd to meet the new income threshold law effective July 9? And will I be qualify for permanent residency after 5 years? Thank you.

[Terpe]

Does it mean that my Irish fiance doesnt neèd to meet the new income threshold law effective July 9? And will I be qualify for permanent residency after 5 years? Thank you.

Gretta, as discussed before, your case isn't "standard".
You came to UK under current immigration rules with fiance(e) visa.
This means your immigration pathway will be eligible under existing rules and will not impact you.

As mentioned before your EEA route may or may not be accepted.
As it stands right now the Home Office is taking the decision to continue granting EEA route as a discretionary policy stance.

Then as now the 'risk' for dual British/Irish citizens thinking of using this route is that The European Court of Justice had previously dismissed an appeal based on the case of McCarthy v Secretary of State for the Home Department -Case C-434/09

As I have previously said, until the Home Office decides to implement the courts ruling then this current "loophole" remains there to be exploited.
Personally I have not heard anything official about any change.
There was a member here who telephoned the UKBA very recently and was given the impression no changes were planned. However, your situation for EEA route always remains fragile.

Have you already applied?
If not maybe a quick phone call will give you the official current status of the Home Office.

Hope this helps.

[Gretta]

Hi Sir Terpe. I will apply my EEA Residence Card hopefully this July after our wedding. I hope that there will be no problem with my application and they grant for me.