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Non EEA partner of dual British/Danish citizen

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JulietSoul
Junior Member
Posts: 79
Joined: Fri Aug 10, 2012 8:52 pm
Israel

Non EEA partner of dual British/Danish citizen

Post by JulietSoul » Fri Aug 10, 2012 8:53 pm

Hi everyone,

I am an Israeli citizen, in a relationship with a British and Danish citizen for over five years now.
My fiance has lived most of his life in the UK, but about eight years in Denmark as well. At the moment he has been living in Israel with me for almost three years, having received a special visa for non-Jewish partners of Israeli citizens (wherein they checked our relationship and found it genuine).
We are planning on getting married, most likely in December in Denmark (we are unable to marry in Israel as it does not allow interfaith marriage).
We were hoping to move to the UK around January.
The issue with getting a normal UK wife visa is that my fiance does not meet the economic requirements and has not been earning 18,600 pounds a year, as he has been a student (though he has been working in a self-employed UK job from home and paying UK tax).
We were hoping to apply for an EEA family permit, but after much online research I realise there are upcoming changes to the whole dual nationality thing because of the McCarthy ruling.
One source states that between July 16th and October 16th, when the new law comes into place (not allowing a UK citizen to use his other EEA citizenship for this purpose) there is a transitional period in place. I am not clear what this transitional period means, someone somwhere wrote that only if I applied before 16.7 for the EEA permit or we were already married I would be able to apply.

However, on the UKBA official FAQ for the EEA Permit it clearly states:

EUN2.16 Can family members of dual British / Irish nationals qualify for an EEA family permit?

The intention is to amend the Regulations to reflect the terms of the McCarthy judgment, however until such time as Regulation 2 is amended, entry clearance officers/caseworkers will need to continue to treat dual British/EEA nationals as though they are EEA nationals when considering an application for documentation under the Regulations. Evidence of the EEA nationality must be provided.

This is why I am confused.
If I can still apply for the EEA permit before the 16.10, we could apply for it as long term partners (living together over two years) and prove our relationship, or, if absolutely necessary, organise a quicky wedding before then (although we prefer not to do that).
The question is - is it still possible? I will attempt to contact the UK embassy here and find out.
And if it is - would I still be able to apply for the EEA2 once in the UK?
I have really exhausted the internet with searchs to find al possible answers before writing here, but understanding the language and consequences of Schedule 2 of the rule amendment has proved a bit challenging for me.
I would really appreciate all your help and advice!

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Fri Aug 10, 2012 9:04 pm

The text in EUN2.16 is not up to date. It's still the same text as it was a few months ago before the rules have changed.

The transitional arrangements don't apply in your case. They only apply if you were already living in the UK on 16.7 or have made an application before that date.

You either need to meet the requirements for a UK spouse visa or move first to another EEA state, exercise treaty rights there and then move to the UK using Surinder Singh route.

JulietSoul
Junior Member
Posts: 79
Joined: Fri Aug 10, 2012 8:52 pm
Israel

Wow...

Post by JulietSoul » Fri Aug 10, 2012 9:06 pm

Thanks for the input!
Well this is very upsetting, you would think the UKBA would update their website to suit the current rulings...

I am assuming another route would be for my fiance to renounce his British citizenship? It's quite extreme, but maybe the only way for us, I don't really see us moving to another EEA state at the moment...

If we were to move to, say, Denmark for a while, how long would we have to live there (and my partner would work) before we could move to the UK?

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Re: Wow...

Post by Jambo » Fri Aug 10, 2012 9:54 pm

JulietSoul wrote: If we were to move to, say, Denmark for a while, how long would we have to live there (and my partner would work) before we could move to the UK?
This isn't set in the regulations. The usual figure given in the forum is 6 months although there has been a report of sucecssful application under Surinder Singh after 2.5 months only.

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