Any downside to trying for EEA2? (Northern Irish)
Posted: Wed Feb 25, 2015 2:47 am
Hi all,
I'm aware that there are a few similar threads asking about Northern Irish applying for EEA2, but none of them quite answer my question.
I'm Northern Irish and have both British and Irish passports. From 1996 to 2001 I lived in Spain and my Spanish residence card from that time (which I still have) states "Irish" as my nationality, as I was using my Irish passport at the time.
I'm currently living in Taiwan with my Taiwanese wife and two kids, but aiming to return to the UK soon.
It's my personal opinion that the McCarthy ruling is ambiguous and that the main reason for the rejection was that she had never exercised her treaty rights. However, I have obviously done that by living in Spain, and even using my Irish passport (though not with my wife). Nowhere do I see that your spouse/partner had to have lived with you while you exercised that right (remember, this is not the Surender Singh route). If anyone can show me something in black and white that proves me wrong, please let me know as I haven't been able to find it.
I've very little doubt that my application for a UK family permit for my non-EEA wife would be rejected anyway, whether correctly or not, but my big question is whether it is worth TRYING. It's pretty much free to apply. However my concern is if we got rejected and then later applied for a standard UK spouse visa, would my wife have a mark against her for being denied an EEA2? Would we even have to mention that on the visa application, given that the family permit isn't strictly a visa (or is it)?
OK, sorry if any of that doesn't make sense. The whole Northern Irish dual-nationality thing is very confusing and I don't think the McCarthy ruling is very clear. Unfortunately it is open to being interpreted as the UKBA wants.
I appreciate any and all comments.
Stu
I'm aware that there are a few similar threads asking about Northern Irish applying for EEA2, but none of them quite answer my question.
I'm Northern Irish and have both British and Irish passports. From 1996 to 2001 I lived in Spain and my Spanish residence card from that time (which I still have) states "Irish" as my nationality, as I was using my Irish passport at the time.
I'm currently living in Taiwan with my Taiwanese wife and two kids, but aiming to return to the UK soon.
It's my personal opinion that the McCarthy ruling is ambiguous and that the main reason for the rejection was that she had never exercised her treaty rights. However, I have obviously done that by living in Spain, and even using my Irish passport (though not with my wife). Nowhere do I see that your spouse/partner had to have lived with you while you exercised that right (remember, this is not the Surender Singh route). If anyone can show me something in black and white that proves me wrong, please let me know as I haven't been able to find it.
I've very little doubt that my application for a UK family permit for my non-EEA wife would be rejected anyway, whether correctly or not, but my big question is whether it is worth TRYING. It's pretty much free to apply. However my concern is if we got rejected and then later applied for a standard UK spouse visa, would my wife have a mark against her for being denied an EEA2? Would we even have to mention that on the visa application, given that the family permit isn't strictly a visa (or is it)?
OK, sorry if any of that doesn't make sense. The whole Northern Irish dual-nationality thing is very confusing and I don't think the McCarthy ruling is very clear. Unfortunately it is open to being interpreted as the UKBA wants.
I appreciate any and all comments.
Stu