Irish British Dual National

Hi people,

I am an Irish British dual national. My partner (unmarried) is a Lebanese citizen.

I was born and raised in the UK where I have lived all of my life, but hold an Irish passport on the basis of my ancestry. I have never lived outside of the UK.

My partner got a residence card in 2010 on the basis that I am an Irish national exercising treaty rights in the UK. I understand this was before a rule change in 2011 which no longer allowed dual British Irish nationals to rely on their Irish nationality under EU law. My partner got her permanent residence in 2015.

My partner now wishes to bring her 10-year-old son to settle with us in the UK. I am not 'exercising treaty rights', but my partner is working.

I have tried reading up on the law, but I am still confused. I was wondering whether anyone can help with the following questions or give me some advice:

1. As my partner holds permanent residence can she act as a sponsor to bring her son to the UK under EU law? or
2. do I have to be the sponsor? - am I am able to even act as a sponsor because of the law change?
3. If I am the sponsor do I have to show that I am exercising treaty rights?

I would be thankful for any help

Kev

Cloverfield wrote: ↑

Fri Nov 23, 2018 12:35 pm

1. As my partner holds permanent residence can she act as a sponsor to bring her son to the UK under EU law?

Not under EU law. As a permanent resident, she can under UK law.

Cloverfield wrote: ↑

Fri Nov 23, 2018 12:35 pm

2. do I have to be the sponsor? - am I am able to even act as a sponsor because of the law change

As a dual citizen who has never exercised treaty rights, you can no longer be a sponsor for a new applicant (post 2012).

As the child is a minor, provided your partner can prove that s/he has sole responsibility for the child, she should be able to apply under UK law.