Renouncing British Citizenship to use EEA FP route

Mrs.mdeben · Post by **Mrs.mdeben** » Sun Jun 15, 2014 6:53 pm

chaoclive wrote:Hi there

The basic info is here: https://www.gov.uk/family-permit. It says: You must provide:-
-your passport
-proof of your relationship, eg a birth or marriage certificate
-a letter from your partner or family in the UK declaring that they’re travelling with you or that you’re coming to stay with them in the UK
-your partner or family member’s passport or ID card

However, as your son is already working in the UK, he will need to provide evidence that he is there as a 'qualified person'. This is all the firms stuff, e.g. pay slips, work contracts etc. The Home Office have another list of supporting documents here: https://www.gov.uk/government/publicati ... -form-vaf5. This might give some ideas as to what he should provide, but this goes way beyond what the EEA law requires. It may, however, give a good indication of the things that a the family member of an EEA citizen already working in the UK should provide.

Please note that she should be applying online and not via form VAF5 which is on the link above. She should be applying via the online form at: https://www.visa4uk.fco.gov.uk. She shouldn't choose settlement. That is a different visa. She will need to choose:
-Reason for visit: other
-Visa Type: EEA/Swiss family member
-Visa Sub Type: family member of an EEA national.

I was born British and Irish. I renounced British citizenship in April and my civil partner applied for his family permit at the end of May with only the following:
-both our passports (my Irish one)
-my proof of renunciation
-a completed application form
-a letter from me stating that we were traveling to the UK together
-a copy of our civil partnership certificate (We were told that we didn't need to provide the original by the visa processing centre in Beijing).

I also provided a copy of the directive, from here: http://eur-lex.europa.eu/LexUriServ/Lex ... 123:EN:PDF with some parts highlighted, e.g. Article 5, Right of Entry, 2 re: visas (free/accelerated procedure) and Article 6 Right of residence for up to three months, which proves that I don't currently need to be working in the UK.

Then we went to the appointment and waited our turn. We submitted our documents to the clerk and she checked everything. She didn't take the originals and said that they didn't need them now. His permit was issued 8 days later.

Sorry - bit of a messy post. I'm happy to answer more questions if you have any.

Hi chaoclive, did you wait until ur british citizenship is totally renounced or you just wait for the confirmation of application? My husband is Italian/British and if we get refusal were thinking of renouncing his Brit citizenship but I heard that it takes 2mos.

Thanks in advance xx

chaoclive · Post by **chaoclive** » Mon Jun 16, 2014 12:16 am

It does take about 2 months and you need to have the renunciation confirmation before you can apply. Otherwise you might still show up as British on the system.

I applied after getting the confirmation

Mrs.mdeben · Post by **Mrs.mdeben** » Mon Jun 16, 2014 9:24 am

chaoclive wrote:It does take about 2 months and you need to have the renunciation confirmation before you can apply. Otherwise you might still show up as British on the system.

I applied after getting the confirmation

Hi chaoclive, thanks.

How long before u received the confirmation? Do we need to wait for 2months before we can apply? Or once you applied for renouncing the citizenship, they will send you a paper saying that we applied for it? Im not really familiar with it so Im really confused. Sorry and thanks in advance xx

chaoclive · Post by **chaoclive** » Mon Jun 16, 2014 4:24 pm

If you haven't got the renunciation certificate then it's not possible to know if your citizenship has been renounced or not. It took 2 months of me to get the certificate.

They don't send you anything in advance (there's no COA etc). If you haven't received the renunciation certificate with the Home Office stamp you can't use this mention to apply for the EEA FP.

Angie D · Post by **Angie D** » Tue Jun 17, 2014 2:01 pm

I have had conflicting information. Have been told that she needs to apply using form VAF5, clearly then this is the wrong information?
So what is form VAF5 used for?
Talk about confused!!!!

chaoclive · Post by **chaoclive** » Tue Jun 17, 2014 2:04 pm

I think that the online version is also called ‘VAF5' informally. However, she must use the online form found through the website that I mentioned above. She can ask the visa processing centre where she is going to apply if she has any doubt.

This is from the gov.uk website:
"Apply
You must apply online unless you’re from:
Cuba
North Korea
In this case, you must apply by post. Fill in the application form and send to your local visa application centre."

Angie D · Post by **Angie D** » Tue Jun 17, 2014 2:10 pm

The VAF5 is def a formal document updated Dec 2013. It states that the form is to be used if you wish to come to the UK as a family member of an EEA national who is or intends to come to the United Kingdom!

You can see why we are sooooo confused!!!!!

chaoclive · Post by **chaoclive** » Tue Jun 17, 2014 2:40 pm

There's nothing confusing about it. You have to use the online application form. The gov.uk website says very clearly that you have to apply via the link provided. That is not VAF5.

Dec 2013 is 'old news' in this game Angie darlin'...gotta keep up!

Scroll down this site and see the part about 'Apply': https://www.gov.uk/family-permit

Angie D · Post by **Angie D** » Tue Jun 17, 2014 3:17 pm

Ha ha ha, was told she had to use online application form VAF5. Am I able to create an account in her name and complete the form for her?

Angie D · Post by **Angie D** » Tue Jun 17, 2014 3:21 pm

Again, have just bee advised that VISA4UK are NO longer dealing with UK, it has to be on form VAH5.......Arrrrrrrrrrrrrrrh https:// www.gov.uk/family-permit

Angie D · Post by **Angie D** » Tue Jun 17, 2014 3:25 pm

But guess what, the link in my previous post links to Visa4Uk. Not listening to anyone else except you!!!!

chaoclive · Post by **chaoclive** » Wed Jun 18, 2014 12:52 am

Who is tell you all this? I have been through the process in the last month. The VAF5 form is out of date and the content is different than the online form. It's up to you who you listen to but we used the online form and it was fine.

In theory, you can register in her name and complete the form but she will need to print it off and sign it so you will have to give her the login details. On the system you will also have to choose an appointment time etc.

You're right - there is absolutely no mention of VAF5 on: https://www.gov.uk/family-permit and you're daughter in law is not from Cuba or North Korea. She can't use any other form.

I am 1000000% sure about this.

Angie D · Post by **Angie D** » Wed Jun 18, 2014 4:50 pm

Thanks huni, very much appreciate all of your advice. Irish passport application now posted for Son so this is step number one!

chaoclive · Post by **chaoclive** » Wed Jun 18, 2014 4:54 pm

No problems! I'm really confident about this

Fingers crossed that the Irish passport will get there soon.

Now: you need to be reading this: https://www.gov.uk/renounce-british-nat ... y/overview. Again, any questions, just ask...

Angie D · Post by **Angie D** » Wed Jun 18, 2014 4:58 pm

Wish we had done this sooner! We fly out to Thailand in 2 weeks on his Brit passport and he get married on his Brit passport. We have to get his baby a Brit passport while out there, then come home wait for Irish passport, renounce Brit cit then apply for FP! Hope there won't be any problems especially as he is doing all e.g marriage while Brit then renounce!!!!

chaoclive · Post by **chaoclive** » Wed Jun 18, 2014 5:11 pm

Our civil partnership was also registered when I was a Brit and we got our family permit ok. It just takes a bit of time.

Make sure you take copies of the British passport as you will have to submit it during the renunciation application.

chaoclive · Post by **chaoclive** » Wed Jun 18, 2014 5:12 pm

Just thinking Angie. Has he considered the Surinder Singh route carefully? I know it's not easy but they could live somewhere close, e.g. Spain and he could try to get a job there.

Angie D · Post by **Angie D** » Wed Jun 18, 2014 5:58 pm

Yes he has and believe it or not he would rather renounce citizenship than give up his Job here but SS will be last resort if this fails!

Angie D · Post by **Angie D** » Wed Jun 18, 2014 6:01 pm

He's young Clive, 22 and not as worldly as his Mother not as experienced in the job market like I am but he will consider Malta if this fails!

Angie D · Post by **Angie D** » Wed Jun 18, 2014 7:41 pm

Another question? When Sons wife applies for FP, does my Son then need to be exercising treaty rights for 5 years as opposed to 3 on the SS route?

Thanks

Angie D · Post by **Angie D** » Wed Jun 18, 2014 7:41 pm

3 months I meant!

LunarGirl · Post by **LunarGirl** » Wed Jun 18, 2014 8:26 pm

Hi Angela,
Sorry to pop in when you and Clive are doing do well getting all this sorted (btw I think he has so much more knowledge than those that are on the FB group).

I also renounced British citizenship and my non EU husband has just gotten his 5 year RC. I'm mid forties and have a very settled life in the UK with lots of ties and commitments. I couldn't have gone to another EU country to do SS that's why I gave up BC and relied on my Irish passport to get the RC for my husband.

It's not an easy decision by any means. When you put your British passport in an envelope knowing that you'll never see it again, it's very hard, I hope your son is aware of the drasticness of it all.

chaoclive · Post by **chaoclive** » Wed Jun 18, 2014 11:50 pm

When they move to the UK he will need to exercise treaty rights for 5 years so that his wife can get PR and she will be eligible for British citizenship after another year (i.e. the 6th year).

If they were to live in Northern Ireland then he would need to exercise treaty rights for 5 years for her to get PR (same as the rest of the UK) but she could apply for Irish citizenship after 3 years instead. That's a bit quicker than waiting for British citizenship and she wouldn't have all those tests! It's something to consider.

I'm from NI originally so we'll definitely be going back there to try and get my partner Irish citizenship first.

RE: LunahGirl: You're always welcome! Glad that you don't have to be on the forum so much any more - happy that things are getting sorted out!

Angie D · Post by **Angie D** » Thu Jun 19, 2014 5:58 am

Thanks Guys, I wasn't aware she would have to take those dreadful life in uk tests so Irish citizenship for her later down the line is looking favourable!

chaoclive · Post by **chaoclive** » Thu Jun 19, 2014 9:42 am

Sure - she will need to take everything that any other person applying for UK citizenship will have to take.

Irish citizenship will only work from Northern Ireland (or, of course, the Republic of Ireland) and will not be an option in GB.

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