Wife to be dual national could any1 help EEA OR FLRM

I disagree with your view on that, but I am not a lawyer.

If the OP wanted to force the Home Office (by taking them to court) to recognise his fiancé as being solely Irish (in spite of the fact that she is a dual national), would your arguments stand up in court? And if so, what are the chances?

Is that a line of action that you would recommend to the OP?

Under UK law (I'm looking at the courts here), would an agreement signed by the British government (not a treaty) invalidate the provisions of a statute passed by Parliament passed prior to the agreement (British Nationality Act 1981)?

Uzzybhatti
The way I see it, you have three options;

a) Assuming that your fiancé does not change her status, apply under FLR(M).
b) If your fiancé renounces British citizenship, apply under EEA Family permit.
c) Using Obie's argument above, compel the Home Office to recognise your wife as being solely Irish and apply for EEA Family Permit.

Well I am perfectly content with you not agreeing with me.

That is what makes an healthy debate.

My view is that, it is at least arguable , that the article in question will be nugatory , if national authority refuses tje right of an Irish citizen to recognise herself only as Irish.

In the case of McCarthy , Mrs McCarthy only picked up UK nationality , to help her husband, she had always been a United Kingdom National.

In the Northern Irish scenario, if a person has since birth held Irish Citizenship and recognises them self as such, and never obtained British citizenship, I fail to see how the Irish agreement will make sense to them if the UK say, they are only British and will only be recognised as such.

It will make no sense.

Northern Ireland has a unique status that is different from other regions of the UK.

Obie wrote:Well I am perfectly content with you not agreeing with me.That is what makes an healthy debate.

Thank heavens (and thank you) for a mature response. I have had members on these forums (not moderators though) get quite stroppy at me for offering a contrary opinion.

I perceive that our differences are merely in our latitudes of interpretation. I am interpreting the Agreement, in so far as I think it applies-and I dispute it does, to begin with- in the narrowest terms needed to not defeat its objectives, while I perceive your interpretations to be broad, to cover all eventualities.

Uzzybhatti, are you and your fiancé currently resident in Northern Ireland or does your fiancé claim her Irish nationality through descent or birth from Northern Ireland?

Obie
Secret simon

My fiancé was born in UK and has never worked outside UK in any EEA STATE but her parents were from REPUBLIC OF IRELAND so can you guys tell me which route I have to take to apply for a spouse visa and which forms it will be hope will get a reply soon

Regards
Uzzy

Given that your fiancé does not want to give up her British citizenship and that she is not from Northern Ireland, I see no option but the FLR(M) route.

secret.simon wrote:Given that your fiancé does not want to give up her British citizenship and that she is not from Northern Ireland, I see no option but the FLR(M) route.

Thanks alot for your help will keep you updated n will post if i need some help!! Enjoy sunny dAys

Regards
Uzzy

Obie wrote:Well I am perfectly content with you not agreeing with me.

That is what makes an healthy debate.

My view is that, it is at least arguable , that the article in question will be nugatory , if national authority refuses tje right of an Irish citizen to recognise herself only as Irish.

In the case of McCarthy , Mrs McCarthy only picked up UK nationality , to help her husband, she had always been a United Kingdom National.

In the Northern Irish scenario, if a person has since birth held Irish Citizenship and recognises them self as such, and never obtained British citizenship, I fail to see how the Irish agreement will make sense to them if the UK say, they are only British and will only be recognised as such.

It will make no sense.

Northern Ireland has a unique status that is different from other regions of the UK.

https://www.whatdotheyknow.com/request/ ... ice001.pdf

I believe that is the point i was seeking to make.

That letter in my view represent the correct legal position.

The Good Friday agreement recognise the birthright of a person born in Norther Ireland to identify him/herself as Irish, British or both.

It clearly does not change the citizenship law of both nations, such that a Person Born In Northern Ireland to a British Unionist parent will still be entitled to Irish Citizenship, or an British citizenship, by virtue of the citizenship law of those 2 nations.

What i said, which i continue to say, is that it will be a breach of that agreement to fail to recognise a person's right to genuinely choose between the right to be identified as an Irish or British.

If a republican in Ireland, provide a Irish Passport, and tell the British government, that I identify myself as an Irish and want nothing to do with British or Britain, and wish to identify myself as Irish only, and fail to put on the Application that he is a British aswell, then as per the Agreement, the Government will need to recognise.

The same applies, if a unionist went to Dundalk and applies under EU law, with his British passport, the Irish Government will be wrong to recognise his British Citizenship on the basis that he was born in the Island of Ireland, and an Irish aswell.

That will amount to a flagrant breach of the agreement. It will make the agreement nugatory, if both government refuses to recognise this.