Can a Northern Ireland resident apply for EEA Family Visa

I guess the problem here is I don't in my mind see either traveling to Ireland or UK as "abroad" as technically I am a Citizen of both. So we're just going "Home".
Of course our Family's center of life is in Germany and I need to get over this mental block.

The reason I need to travel with my Wife is as I understand it so I can say I'm exercising MY Treaty Rights of Freedom of Movement and by denying her entry they are restricting my freedom.
My Daughter is a UK Passport holder. Therefore is it not the same when traveling with her? My Daughter is only 2 yrs old. She can't travel alone, her Mother or another Adult needs to travel with her.

Hi Guys..

Iam in the process of applying for PR I'm non-EEA and my wife is from northern ireland. I applied for Residence card back in 2009 under EEA because she has Irish passport. married 2003, lived in england for 3 years and the rest in Northern ireland.

EEA4 form says "section 3.7 Do they also hold British citizenship?" I don't know what to say should I tick yes or no?

she used to have british passport under her maiden name but it expired since 2008

P.S she is currently not working but has worked for 8 years whilst married to me

please advice..

Thanks

I think it's clear. She has British Citizenship from Birth. A Passport is just a travel document confirming that.
So truthfully you should answer "Yes".
But you could also answer "No" if it were beneficial to your case. And see how the Authorities deal with it. Just my opinion.

She has British citizenship. The answer is clear.

You are covered by the transitional rules so you should be fine.

CC is correct.

Remember also they state clearly on the first page of the application that:

''It is not mandatory to complete this application form.''

So you could apply with your evidence and just a cover letter. When my husband (who now has 5 year UK RC) applied he didn't complete the EEA2 form.

thank you,

Thanks so much @Kolner_Mike, @chaoclive and @LunarGirl for taking time to reply
Iam so nervous about applying, but I know I have to do it.

@chaoclive, do you mean Iam not going to be affected by the Mccarthy Judgement?

please say yes

ninjaman wrote:thank you,

Thanks so much @Kolner_Mike, @chaoclive and @LunarGirl for taking time to reply
Iam so nervous about applying, but I know I have to do it.

@chaoclive, do you mean Iam not going to be affected by the Mccarthy Judgement?

please say yes

Yes

Like me, you applied before the McCarthy Judgement was implemented. So as CC quite rightly states 'You are covered by the transitional rules' and will stay on the 'old rules' right through to British Citizenship if you so desire. So you can state yes 2 Passports on the form, it'll make no difference to the application.

A lot less hassle and expense. I also got it clarified from EEA Policy Dept that if at any time a person on the 'old rules' had to reapply for a new Family Permit, like say the RC ran out while out of the country, they would be granted it, as they originally applied before the implementation, and so stay on the 'old rules' benefiting from the transitional rules.

I see so many people going to have to actually give up British Citizenship to go this way, we are indeed lucky we started the process before the judgment was implemented.

@Salem

Thank you for clarifying that to me..that was the last thing I needed to know before I apply for the EEA4

I am happy that I'm one of the lucky ones but its such a shame that one's right has to depend on luck or timing

also, I totally agree with you there, a lot of people will give up their BC to use the EEA route.

Thanks again, I will launch my application and report back

Yeah. That's right. You guys are lucky...I renounced British citizenship for this purpose Haha. Bad timing on our part....

chaoclive wrote:Yeah. That's right. You guys are lucky...I renounced British citizenship for this purpose Haha. Bad timing on our part....

@chaoclive
just out of curiosity, say in the future, can you apply for PR and ultimately regain British citizenship?

Hi there

I have no interest in regaining British citizenship, but there is a discretionary option for re-registration as a British citizen. However, as it says: it is discretionary and up to the secretary of state. It's hard to say as there hasn't been any experience around this, but, in theory, it's possible. If you had renounced BC to retain another citizenship (e.g. for people gaining citizenship of a country that doesn't allow dual citizenship, you would be able to register as a British citizen in the future. This won't work for me, as an Irish citizen because the ROI doesn't care about how many citizenships you hold.

Applying for PR won't be an issue if you exercise treaty rights in the UK for 5 years.

Do a search on Google for: 'registration as a British citizen' and read through the UK nationality laws, specifically those around renunciation. Sorry I dont' have a link to hand.

Hi CC,

I've read a couple more of your recent posts - did the renouncing of your British citizenship work re: EEA Family Permit?

I've been jumping through hoops trying to do the UK Spousal Visa and my husband is a Belfast native and an Irish & Australian passport holder. We were married in Belfast in April 2014, but still live in Brisbane together. Our plans are to move at the end of the year to settle in Belfast, and I feel like I am hitting my head against a wall with the application for a UK Spousal Visa, e.g. the internet application does not have "Spouse" as an option for your Sponsor, the agency I spoke to is having issues since my husband's passport says "Irish" but that isn't necessarily "British" ... just to name a few.

Will renouncing my husband's British citizenship then allow me to apply for an EEA Family Permit visa? I know that there have been some cases regarding the Irish/British issue that Northern Irish face. I also read that there was the "right to free movement" as a clause, and apart from living in Australia, my husband has only ever lived in Belfast and London (20 years ago)

I have a lot of questions - does my husband need a job before going to the EEA? Do I have to wait until he is back in Belfast before applying for the EEA family permit? Can I work as the spouse on a EEA permit? What financial requirements are there?

Anyway, I was hoping for some advice.

Thanks,
Raven

@Kolner_Mike, @chaoclive, @LunarGirl and @Salem

Guys, I have good news to share with you today, on Thursday 27th September 2014, I received my Permanent Resident Card.
(I missed the postman and I collected it from Post Office the following day Fri 28th Sept)
I followed you advice and I succeeded!
I would like to say thank you so much form the bottom of my heart.

You were the last people to give me that last bit of confidence I needed.

May God Bless You!

Thank you again.

ninjaman wrote:@Kolner_Mike, @chaoclive, @LunarGirl and @Salem

Guys, I have good news to share with you today, on Thursday 27th September 2014, I received my Permanent Resident Card.
(I missed the postman and I collected it from Post Office the following day Fri 28th Sept)
I followed you advice and I succeeded!
I would like to say thank you so much form the bottom of my heart.

You were the last people to give me that last bit of confidence I needed.

May God Bless You!

Thank you again.

Great! Well done

@chaoclive, thank you, mate.

The next thing for me will be to continue with my application for the Irish citizenship. my application was put on hold until I show them the residence permit from the UK.

Hopefully I will get that sorted soon too.

Thank you again.

ninjaman wrote:@chaoclive, thank you, mate.

The next thing for me will be to continue with my application for the Irish citizenship. my application was put on hold until I show them the residence permit from the UK.

Hopefully I will get that sorted soon too.

Thank you again.

Oh, did INIS ask to see your UK residence certificate??? That's surprising since the EEA2 RC application isn't compulsory in the UK