joeyf wrote: ↑Wed Apr 10, 2019 12:34 am
A purely theoritical question here, should I be granted my Irish citizenship on the basis I'm the son of an Irish citizen at the time of my birth and at the moment filing for Irish Foreign Birth registry...
You are actually asking two separate questions here, one of which does not belong to this section. This first question refers to Irish citizenship, which I believe will be correctly addressed
here.
I'd be a dual national holding UK and Irish citizenship, does that mean I can file for an EEA family permit (which is free for EU citizens( for my wife to live in the UK, she's in India at the moment) rather than the UK partner visa which is costly?
Currently I'm a UK national
Have you exercised treaty rights in another EU country, and if so, has your wife lived with you there? If that's the case you should look into Surinder Singh.
If not, then your case is a
McCarthy case. As such, I do not believe your case qualifies to benefit from EU regulations.
Dual UK/EU nationals can benefit from the choice of EU or UK regulations, if they have exercised their treaty rights in a country other than their own, e.g. in
Lounes cases, if they were EU nationals who exercised treaty rights in the UK prior to becoming UK nationals. Since you have not moved countries and have not, for the purpose of this context, exercised treaty rights in a country other than your own (you have always been a UK citizen living in the UK), this does not apply to your case.
A rationale for this is
here.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.
