Eea2 vs british citizen

[Kandyhazel]

Hi I need some advice because I'm a bit confused myself

Me and my son came to the UK with an EEA family permit..my husband is an Irish citizen but was born in the UK..he is thinking to apply for a British Citizenship and apply for a British passport but for him to have a British passport he was advised that he needs to surrender his Irish passport

If he applies for British citizenship will it affect our application for an EEA2 or residential permit?? Our EEA family permit will expire in March 2014..

We need to know what other options we have to lengthen our stay here in the UK

Thank you for those people who will reply to my post

[Dedworth]

... but for him to have a British passport he was advised that he needs to surrender his Irish passport

I think he has been wrongly advised he will not have to give up his Irish passport

[Kandyhazel]

If thats the case there will be no conflict on our EEA2 application?

[Arthur Little]

If thats the case there will be no conflict on our EEA2 application?

... shouldn't be, because (*to the best of my knowledge) the Irish Republic *allows its subjects to hold dual citizenship.

[Terpe]

If thats the case there will be no conflict on our eea2 application?

UK and Ireland both accept Dual Citizenship so no concerns there.
We have members here with UK/Irish dual.

Under EU and UK rules it might be better to hang on with the status you both have and have your husband postpone British Citizenship until you get PR

When you say you are looking to lengthen you stay in UK what do you mean?

The UK Family Permit is not renewable. It's just a one-time entry permit. My advice would be to apply for residence card right away. Nothing will happen when your FP expires.
After 5 years as UK residence permit holder you may apply for PR (Perm Res) then after 1 year as British Citizen.

You might consider asking UKBA about the consequences of your husband taking British Citizenship.

Strictly speaking dual nationals living in a country of their nationality who have never exercised free movement rights cannot rely on European rules.
Better to be safe than sorry.

I might be completely wrong, but I think you'd need to research current regulations and recent caselaw to be sure.

If I have chance I'll take a look. But can't do it just yet. Need more info anyway.

What's the detail of your route to UK ? and when did you arrive with FP ?

[Kandyhazel]

We came to the uk to join my husband here in the uk..we arrived last october 1

I talked to my husband and he decided to postpone his application for british citizenship just to make sure there will be no conflict on our application for eea2

When i visited the ukba website it says their

"Under European law, you do not need to obtain documentation confirming your right of residence in the UK if you are a national of a country in the EEA.

Just wondering if my husband still need to apply for document certifying permanent residence? Or as long as we can provide these documents that he is exercising treaty rights there will be no problem in our application

Contracts of employment
Wage slip
Bank statements stating that he has sufficient funds to support are needs..

[Terpe]

...Just wondering if my husband still need to apply for document certifying permanent residence? .....

As an Irish Citizen there is no need for him to do anything.
Irish nationals living in the UK are treated as UK permanent residents for immigration purposes. They even have the right to vote in UK elections.

[Kandyhazel]

Thank you so much for your help!!really appreciate it..were thinking to submit our application as soon as possible

One last question will there be a problem if i will apply for a residence permit under my maiden name..

The passport i have is still under my maiden name and the eea fp they issued to me is under my maiden name..i do have a marrigae contract it is a proof that i am currently married..

If my application is succesful do you think they provide me an RC with my maiden name or my married name?

[Terpe]

Thank you so much for your help!!really appreciate it..were thinking to submit our application as soon as possible

One last question will there be a problem if i will apply for a residence permit under my maiden name..

The passport i have is still under my maiden name and the eea fp they issued to me is under my maiden name..i do have a marrigae contract it is a proof that i am currently married..

If my application is succesful do you think they provide me an RC with my maiden name or my married name?

For ALL immigration 'transactions' / applications the name on the Passport is the key to all other related documentations.
As such, the name on your passport will appear on your EEA Residence Card.
(Well unless there's been yet another changes in regulations that I missed )

The link to your married name is your marriage certificate.

[Kandyhazel]

Thank you so much for the information were thinking to submit our application on the 1st week of november..

Hopefully everything will went well