Dual Citizenship EEA Family Permit

[joebloggs]

as far as i am aware you still can thou there was talk/plans to close this 'loop hole'

maybe Terpe can find you the info as i've got to go back to work now

[Robert86]

thanks once again, i greatly appreciate all of your help on here guys lucky you.. im glad im off work today

[Terpe]

as far as i am aware you still can thou there was talk/plans to close this 'loop hole'

maybe Terpe can find you the info as i've got to go back to work now

There have been a number of members here that have followed that very route and have been OK.

Do you have your Irish Passport yet?

I have a feeling you may have to put a wiggle on and get complete asap as the Home Office has a plan to close out that option.

Here the information I posted to you last January, maybe you forgot.

OK Robert,
firstly here are the UKBA information links on the EEA family permit route.

Take a look at the UKBA page for EEA Family Permit for details of what it is and how to apply.

Look here also for some very good additional information on the EEA Family Permit.

British citizens living in UK are not EEA nationals for the purpose of the European rules.
That means that their family members don't qualify and need to apply under the national rules.

There is a possible exception if the British citizen is exercising economic treaty rights in another EEA state whilst they and their family members live there.

Technically, if British citizens also have another EEA citizenship their family members may be granted EEA family permits and residence cards under the European rules.

The 'risk' for dual British/Irish citizens thinking of using this route is that The European Court of Justice has previously handed down it's ruling on this and has dismissed an appeal based on the case of McCarthy v Secretary of State for the Home Department -Case C-434/09

What this means is that dual nationals living in a country of their nationality who have never exercised free movement rights cannot rely on European rules.

At the moment the Home Office MAY choose to grant EEA family permits and residence cards to family members of persons in this situation.

However Robert, please be aware that the status granted is not legally held, it is solely a policy decision by the Home Office and this could change at anytime. Just now it's a totally unpredictable situation.

Although the Home Office has allowed the family members of dual British/other EEA citizens to use the European route and still does. They have not yet responded to the McCarthy ruling in any way.

They may do so at any time or may never do so, nobody knows.

If the Home Office does in fact follow the 'McCarthy ruling' it might also be deemed unreasonable to appeal if your wife were refused, since technically the Home Office would be legally correct.

You may seriously consider this route can still be worth the risk to apply, after all, there is no financial cost, BUT the waiting time is an unknown factor.

The EEA family permit is principally a "right" and so in principle there is no need to have money, to have suitable accommodation, to have been married for more than a day or to have the spouse pass any English Language test.

Another aspect to bear in mind is that currently under the EEA familily permit your wife needs 5 years of UK residence to acquire UK permanent residence, (same as ILR), then another one year as a permanent resident in order to qualify for the naturalisation application.(current UK Spouse Visa rules are 2 years to ILR, then additional 1 year to qualify for the naturalisation application.)

Mind you, that might change for the regular UK Spouse route after April 2012 if the govt introduces it's proposed changes.

You'll need to do some reading of the above links and to also consider the risks vs benefits, no-one can advise or guide you it's solely down to you.

Whichever route you finally decide on, I wish you good luck

Right now it is still valid.