EEA dua Passport need help please

Hi

Please help me with this ..
i got married on 13 march 2013 in Northern Ireland and then my visa expired in august and i moved to India with my wife and she lived in India till January because she couldn't cope with the climate . Now she recently got a job and she hold a Dual passport because of which my visa got rejected for EEA .. the reason for rejection was that she holds British passport
can anyone please suggest me what should i do ..
1. If i tell my wife to giveup her british passport will that and i can reapply again
2. do i have to appeal or can i just reapply is that ok ?
pls help me out anyone will be very much thankful ..really stressed out ..

Thanks

Appealing is useless. She holds a British passport and, therefore, should be rejected. I used to be in the same situation as her. Now, I only have Irish citizenship. Please note that what your wife will need to do, IF YOU CHOOSE THIS ROUTE, is to renounce her British citizenship. It costs 187 pounds and my application took 2.5 months to resolve. There is more info here: https://www.gov.uk/renounce-british-nat ... y/overview. PLEASE NOTE: it's not easy to get British citizenship back if she changes her mind in the future. In fact, there doesn't seem to be any way to get it back if you only renounce because you don't want to be British any more (as opposed to if you renounced it in order to take on a new citizenship of a country which doesn't allow dual citizenship).

Apparently, there have been many people who have already renounced their British citizenship and their family members have subsequently successfully applied for the EEA family permit. I haven't reached this stage yet.

There is a Facebook group about EEA applications and a few people have mentioned renunciation of British Citizenship there. You might want to search on there. I don't have the address so you will have to look for it by yourself or wait for someone else to post it here.

Don't forget there is another option open to dual nationals, i.e. the Surinder Singh route, wherein the dual national moves to another EEA country (not one of which they are a citizen!) and exercises treaty rights there (i.e. working/self-employed/studying with health insurance/self-sufficient with health insurance). The issue with this is that no-one knows for sure how long you would need to stay in the other country. Also, the non-EEA family member must live with them in the other country. They also need to prove that they have moved their life to the new country, e.g. by learning the language/joining clubs/having bank accounts/applying for residence documents. This won't suit everyone, especially if you have kids.

Hope this gives you a few ideas. Consider carefully！

Good luck!

hi

thank you so much for your advice ..
i will tell her to give up her british passort
i dont think so she will move to dublin even for a while. to find a job lol !!

but only thing which is worrying me that after she surrender her british national and i applied for my visa and in any case if my visa gor rejected what will i do then ??

Then your only options will be to:
1. Shed could then move to another EEA country and exercise treaty rights
2. Apply for a UK spouse visa which is also available to spouses of Irish people living in the UK

Hi
Really very tensed ! I was telling my wife for surrendering her british passport but she said she will all her benefits in future if she do surrender her British passport is that true ! She holds right now irish as well as british ! If she surrender her british passport will that effect her any way in future pls help

She should ask the source of her benefits. Irish people probably should be eligible for all the benefits that she gets as a British citizen.

Where is she living? Northern Ireland?

she is british national as well as irish but was thinking if she surrender her passport then what will happen will she loose benefits living in northern ireland and i m also heard that 2017 britain also thinking of moving out from EU Then i could lead to a problem for me

i m in a state where i am thinking to apply from her british passport !!
just thinking she has A package of 15500 started in may and i have savings of 3000£ in my account so can i apply for visa after 6 months or still i cant do that

What do you mean: package of 15500?

Don't forget that if you want to apply for a British spouse visa she will need 62500GBP in savings held in her name for at least 6 months or she will need a job which earns at least 18600GBP/year.

See here for the basics: http://britishexpats.com/forum/showthread.php?t=830478

Why can't she ask wherever she is receiving her benefits from? Irish people in the UK are able to get benefits, and this is quite normal. A simple call to the Citizens Advice Bureau should be able to help her.

The UK indeed might leave the EU, but remember that Irish people have special status in the UK, i.e. they are viewed as being settle as soon as they enter the UK and have rights which are almost identical to British people. I'm sure the UK wouldn't be able to kick out all the Europeans in the country without having some form of bridging method, i.e. enabling those who are in the country to stay there somehow, or setting a specific date for when people have to leave. This is not likely to be an issue. Of course, no-one knows at this stage. It may be put to a referendum in 2017 but it's unlikely to happen that quickly!

Anyways, if she's not willing to ask about benefits and she's not earning the required amount/holding the required amount in savings there's no other way for you to stay in the UK legally.