Renouncing British Citizenship to use EEA FP route

erin85 · Post by **erin85** » Sat Sep 29, 2012 4:08 pm

my friend done this, got her fiancee to uk on a uk visa then 2nd time around tried for a eea family permit and it was refused based on that she was a british citizen using an irish passport and he irish side just to obtain a visa for her finacee.x

ShrewsburyMark · Post by **ShrewsburyMark** » Tue Mar 12, 2013 7:36 pm

Well this works. I sent in the form (RN1) and £250 to renounce my British Citizenship on 11th December 2012 and received confirmation from the Home Office on 25th January.

EEA FP application submitted in Riga, Latvia on 19th Feb with brief evidence of exercising treaty rights in UK, marriage cert and passports. Also a polite covering letter pointing out that most applications haven't been dealt with inside 3 weeks as required by EU and would they be so kind to deal with this so as not to impede her free movement.

EEA FP issued in 2 weeks!! I never thought I'd say it, but well done UKBA!

Post by **Jambo** » Tue Mar 12, 2013 8:57 pm

ShrewsburyMark wrote:Well this works. I sent in the form (RN1) and £250 to renounce my British Citizenship on 11th December 2012 and received confirmation from the Home Office on 25th January.

EEA FP application submitted in Riga, Latvia on 19th Feb with brief evidence of exercising treaty rights in UK, marriage cert and passports. Also a polite covering letter pointing out that most applications haven't been dealt with inside 3 weeks as required by EU and would they be so kind to deal with this so as not to impede her free movement.

EEA FP issued in 2 weeks!! I never thought I'd say it, but well done UKBA!

Has the post been aware of your recent renunciation or could it be they just issued it based on your Irish citizenship regardless?

ShrewsburyMark · Post by **ShrewsburyMark** » Wed Mar 13, 2013 9:58 am

Yes, I gave them the HO confirmation

chaoclive · Post by **chaoclive** » Wed Dec 25, 2013 8:53 am

Hi Mark: This is a bit of a stupid question but, did you get back your cancelled British passport after you renounced British citizenship? (I'm guessing you sent the passport in along with the form?)

I would like to have the old passport back if possible (after renunciation) as there are loads of entry/exit stamps which I hope to keep for the future. Obviously, the corner would have been cut (showing that it is no longer valid).

Of course, another option would be photocopying every page, but I'm sure this would require some form of stamp from an Embassy before they would be acceptable.

Any thoughts would be welcome!

dalebutt · Post by **dalebutt** » Wed Dec 25, 2013 9:03 am

chaoclive wrote:Hi Mark: This is a bit of a stupid question but, did you get back your cancelled British passport after you renounced British citizenship? (I'm guessing you sent the passport in along with the form?)

I would like to have the old passport back if possible (after renunciation) as there are loads of entry/exit stamps which I hope to keep for the future. Obviously, the corner would have been cut (showing that it is no longer valid).

Of course, another option would be photocopying every page, but I'm sure this would require some form of stamp from an Embassy before they would be acceptable.

Any thoughts would be welcome!

I thought you were doing a Singh? Do you really wan renounce it? There would be no difference if you did a Singh, the old passport would not be returned I would imagine.

chaoclive · Post by **chaoclive** » Wed Dec 25, 2013 9:42 am

I'm so confused...I guess I have too much time to think about these things hehe.

I was planning to do Singh but I think I need to be back home for family before the 6 months or more that Singh will take next year.

dalebutt · Post by **dalebutt** » Wed Dec 25, 2013 10:29 am

When You mean back home for family, where would that be? China or the UK? If you will be away temporarily to visit family it shouldn't disrupt your plans, and if you made your employer aware and they agree to it.

chaoclive · Post by **chaoclive** » Wed Dec 25, 2013 11:58 am

I need to get back to the UK for family reasons (I'm still in China at the moment). I was really excited about moving to Spain was a while, but, on reflection, I now think that this may be a bit of a hassle (in terms of 'moving' my whole life twice: China to Spain & Spain to the UK).

I also plan to live in Northern Ireland so that my civil partner can get Irish citizenship after 3 years of living on the island of Ireland as the spouse/CP of an Irish citizen (Irish law) but this would also be delayed by the time spent in Spain.

Still confused...
CC

dalebutt · Post by **dalebutt** » Wed Dec 25, 2013 12:11 pm

You didn't want to go to Ireland? Exercise your rights there, and the move to Northern Ireland, the residence acquired in ROI will then count towards the residence to be spent in NI towards Irish citizenship naturalisation.

I do not think the republic of Ireland government maintain a strong stance on the dual citizenship requirement, I will suggest you apply for an accompany EU citizen visa at the Irish embassy using your British passport and then see how it goes, it should go smoothly.

chaoclive · Post by **chaoclive** » Wed Dec 25, 2013 1:27 pm

It is still a bit of a hassle to do it this way; even though it's very close, it's really difficult to find a decent job near the border in the ROI and I wouldn't be able to drive every day to be with my family. Also, there would be a need to get new ROI bank accounts etc.

In theory it sounds as if the residency could count towards the 3 years of residency, but it wouldn't be that easy. The Irish government would know that I was a dual national at that time and, therefore, may refuse my partner's citizenship application. At that time it would be too late to change anything...

I still feel that renunciation is the 'easiest' option.

dalebutt · Post by **dalebutt** » Wed Dec 25, 2013 1:35 pm

Unlike the UK, the Irish visa application does not ask if you own Irish citizenship, if they didn't ask, you need not tell, I don't suspect they will be checking anyways, if you applied and are refused, it doesn't take anything away from you, or affect the plans whatsoever, if you had done that since couple of weeks ago you'd have the result now, IMO it is most likely to succeed, but the choice is yours. GD luck.

chaoclive · Post by **chaoclive** » Wed Dec 25, 2013 2:05 pm

Thanks a lot for your continued support! We're not ready to move back just yet and will be applying after the winter holidays in China (around March) for a return in July 2014.

You've been most helpful

wjbrown · Post by **wjbrown** » Wed May 14, 2014 10:02 am

ShrewsburyMark wrote: Well this works. I sent in the form (RN1) and £250 to renounce my British Citizenship on 11th December 2012 and received confirmation from the Home Office on 25th January.

EEA FP application submitted in Riga, Latvia on 19th Feb with brief evidence of exercising treaty rights in UK, marriage cert and passports. Also a polite covering letter pointing out that most applications haven't been dealt with inside 3 weeks as required by EU and would they be so kind to deal with this so as not to impede her free movement.

EEA FP issued in 2 weeks!! I never thought I'd say it, but well done UKBA!

Just in case anyone is curious I can confirm that this method works as of Winter/Spring 2014.

I was born in the UK as a UK citizen and also eligible for Irish citizenship but had never registered myself to claim it. I have lived in the UK my whole life. Over the summer of 2013 I registered myself as an Irish foreign birth, gained citizenship, applied for an Irish passport, renounced my UK citizenship, married my US citizen wife in the US and applied for an EEA FP in September 2013. We received the FP within a week and my wife moved from the US to the UK in December. We have just received her EEA2 residence card which we applied for in January.

A bit of a faff with paperwork to say the least but it cost us several hundred pounds and several months less than a UK spouse visa for which we were not eligible due to my low income as a PhD student. I was not returned my UK passport after renunciation.

Thanks for posting the info ShrewsburyMark!

chaoclive · Post by **chaoclive** » Wed May 14, 2014 10:34 am

Great wj! Well done.

We are just about to apply for the EEAFP on the same basis as your wife. I just received my renunciation certificate after waiting for 2.5 months.

Good luck

Angie D · Post by **Angie D** » Fri May 16, 2014 9:31 pm

please put my mind at rest! son Brit cit, ROI Father. Irish embassy have offer him an Irish passport without the need to register his birth In Ireland or claim citizenship. son wants to renounce Brit citizenship and his wife Non EU cit to apply for family permit to uk. son born and always lived in UK. Now, on the UK FP form it asks "when did EU national enter UK", remember my son has british birth cert! The fact that my son is/was a British citizen who will now have an Irish passport, then renounce Brit citizenship and wife being asked when did he enter UK, is this going to throw a spanner in the works as HO may not grant FP under this scenario as he has never as a Brit cit exercised his free movement rights? please advise a guys. thanks so much in advance!

wjbrown · Post by **wjbrown** » Mon May 19, 2014 11:27 am

I was in the same situation having never lived in the EU outside the UK where I was born.

I simply put down my birth date as when I entered the UK and sent in the HO confirmation of renunciation to prove I was not a British citizen any more. Unless it has recently changed (and I would check carefully just in case!) the EEA FP wording requires you to be in an EU country other than that of your citizenship, not of your birth.

Being an Irish citizen in the UK it is key that your son can prove that he is currently exercising treaty rights in the UK as an EU citizen under one of the employment/study/self-sufficient categories, not that he has exercised his freedom of movement per se.

Hope that helps.

el patron · Post by **el patron** » Mon May 19, 2014 1:11 pm

Angie D wrote:please put my mind at rest! son Brit cit, ROI Father. Irish embassy have offer him an Irish passport without the need to register his birth In Ireland or claim citizenship. son wants to renounce Brit citizenship and his wife Non EU cit to apply for family permit to uk. son born and always lived in UK. Now, on the UK FP form it asks "when did EU national enter UK", remember my son has british birth cert! The fact that my son is/was a British citizen who will now have an Irish passport, then renounce Brit citizenship and wife being asked when did he enter UK, is this going to throw a spanner in the works as HO may not grant FP under this scenario as he has never as a Brit cit exercised his free movement rights? please advise a guys. thanks so much in advance!

Has the son never ever been on holiday outside the UK? Right of entry/residence for non-eea family members is activated by the 'admission' of an EEA national to the UK.

Angie D · Post by **Angie D** » Tue May 27, 2014 11:35 am

Hi, not sure what you mean by Son ever going on holiday? He has in the past been on holiday with me and holiday with his fiancée in her Country Thailand! She has also been granted a uk visa for holiday in UK! Have I missed something?

Angie D · Post by **Angie D** » Tue May 27, 2014 11:38 am

He has visited many counties in the past but not with his Finance (soon to be wife)

el patron · Post by **el patron** » Tue May 27, 2014 12:53 pm

For the family permit you can enter the date he last entered the UK, that could simply be the date he returned from his most recent holiday.

Angie D · Post by **Angie D** » Wed May 28, 2014 5:36 pm

Really? Wow, I never knew that! So when we all go out to Thailand in 5 weeks Time for the wedding and return a month later that will suffice?

Angie D · Post by **Angie D** » Wed May 28, 2014 5:42 pm

Do you think it would be better to gain Irish cit, renounce Brit cit, then go on holiday and re-enter uk as an Irish citizen?

el patron · Post by **el patron** » Wed May 28, 2014 8:56 pm

Yes greater benefits with entering UK as an Irish national than as a British one, though the renunciation process takes several months so timing is a bit adrift, otherwise this will work for them.

Angie D · Post by **Angie D** » Wed May 28, 2014 10:09 pm

Wow, several months, I thought it was around 12 weeks!

oh well, if it takes that long then so be it! Thank you do so much for your help. One last question, where can we find the form for renouncing? Thanks

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Renouncing British Citizenship to use EEA FP route

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