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Advice: US/Italian dual citizen living in UK with US wife

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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the3rdman
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Joined: Mon Nov 18, 2013 11:16 pm

Advice: US/Italian dual citizen living in UK with US wife

Post by the3rdman » Wed Oct 07, 2015 1:14 pm

Hello all,

I'm new to this part of the forum, but was hoping for some help.

I am a US citizen living in the UK with my US wife. I just recently obtained dual citizenship from Italy.

My question is: My wife is on a Tier 2 visa at moment, and I am her dependent. We are looking to not be reliant on our Tier 2 status in the future. How can we go about utilising my EU rights to continue work in the UK as well as to obtain a Family Residence Permit for her as a spouse of an EU citizen so she can continue working here as well?

Sorry for the confusion, but I was having trouble figuring out our particular situation. Thank you in advance for your help.

noajthan
Moderator
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Location: UK

Re: Advice: US/Italian dual citizen living in UK with US wif

Post by noajthan » Wed Oct 07, 2015 3:47 pm

the3rdman wrote:Hello all,

I'm new to this part of the forum, but was hoping for some help.

I am a US citizen living in the UK with my US wife. I just recently obtained dual citizenship from Italy.

My question is: My wife is on a Tier 2 visa at moment, and I am her dependent. We are looking to not be reliant on our Tier 2 status in the future. How can we go about utilising my EU rights to continue work in the UK as well as to obtain a Family Residence Permit for her as a spouse of an EU citizen so she can continue working here as well?

Sorry for the confusion, but I was having trouble figuring out our particular situation. Thank you in advance for your help.
A FP is only to come to UK (& is applied for from outside UK);
as you are both here in UK I don't think it's appropriate.

Suggest start here, for you (EEA national):
https://www.gov.uk/eea-registration-certificate

For dependent family member (spouse):
https://www.gov.uk/apply-for-a-uk-residence-card
All that is gold does not glitter; Not all those who wander are lost. E&OE.

the3rdman
Junior Member
Posts: 68
Joined: Mon Nov 18, 2013 11:16 pm

Re: Advice: US/Italian dual citizen living in UK with US wif

Post by the3rdman » Thu Oct 08, 2015 10:32 am

noajthan, thank you for your reply.

So, out our curiosity, is this EEA RC optional then? Can we just notify our employers that we don't require Tier 2 any longer, as we already have a NiNo? Apologies for the confusion. Just trying to make sense of everything.

I think we may fall into the 'qualified person' category as each of us are working, but still a bit unclear about the details.

Thanks again!

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Re: Advice: US/Italian dual citizen living in UK with US wif

Post by vinny » Thu Oct 08, 2015 10:40 am

the3rdman wrote:So, out our curiosity, is this EEA RC optional then?
It's optional. However, ...
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Advice: US/Italian dual citizen living in UK with US wif

Post by noajthan » Thu Oct 08, 2015 2:39 pm

the3rdman wrote:noajthan, thank you for your reply.

So, out our curiosity, is this EEA RC optional then? Can we just notify our employers that we don't require Tier 2 any longer, as we already have a NiNo? Apologies for the confusion. Just trying to make sense of everything.

I think we may fall into the 'qualified person' category as each of us are working, but still a bit unclear about the details.

Thanks again!
Yes a RC is optional. A RC merely confirms rights & status in UK, it does not grant them (& its not a 'visa').

There is a but - employers may be leery & wary of someone without a RC.
For example see:
https://www.freemovement.org.uk/sponsor ... dismissal/

And as fyi here's some HO light reading on free movement/treaty rights:
https://www.gov.uk/government/uploads/s ... ts_v13.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

jbminger
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Location: Galway, Ireland
Ireland

Re: Advice: US/Italian dual citizen living in UK with US wif

Post by jbminger » Fri Oct 09, 2015 9:03 pm

What is NiNo?

Although technically a Residence Card is optional, I would go even further than to say an employer would be "leary" and suggest that no employer (unless the employer is a close friend) would employ someone without a Residence Card. Employers are required to check the employees status as to whether or not they are allowed to work in the UK. Without the Residence Card this cannot be proved and the Home Office will tell the employer that the employee is not allowed to work in the UK...

noajthan
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Location: UK

Re: Advice: US/Italian dual citizen living in UK with US wif

Post by noajthan » Fri Oct 09, 2015 9:10 pm

NiNo = N.I. number (national insurance)
All that is gold does not glitter; Not all those who wander are lost. E&OE.

mark83
Newly Registered
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Joined: Thu Jul 10, 2008 10:49 pm
Italy

Re: Advice: US/Italian dual citizen living in UK with US wif

Post by mark83 » Mon Oct 12, 2015 4:15 pm

Congratulations on having your Italian citizenship recognised. I am also a US citizen, originally in the UK on a visa, who had my Italian citizenship recognised while I was already here.

Obviously, your wife is allowed to live in the UK as your dependent, but you will need the EEA registration certificate, and you'll need to prove to the Home Office that you're exercising treaty rights, so she's your dependent. It is not optional for her to have proof of this.

I just wanted to add, though -- has she considered getting Italian citizenship? The only requirement is that you have been married 3 years already. Since you are recognised as an Italian citizen from birth, she has been married to an Italian citizen all along, so if it's been at least 3 years, she can naturalise as an Italian. It's a bit of a pain in terms of getting all the paperwork together, but it would save her a lot of grief in future.

the3rdman
Junior Member
Posts: 68
Joined: Mon Nov 18, 2013 11:16 pm

Re: Advice: US/Italian dual citizen living in UK with US wif

Post by the3rdman » Sun Nov 08, 2015 10:48 pm

Sorry for the late reply, everyone.

I am getting conflicting advice here, so obviously it can become a complex issue. I understand it is compulsory to get a residence card, as the HO states this, but I think it will probably be good to get the proof 'just in case.'

I am fairly confident though that my wife's HR would be comfortable cancelling her Tier 2 sponsor in light of my EU citizenship. She's been there for 2 years, they know her, so I don't think that they would be anxious cancelling the sponsorship just to have 'proof.' Wouldn't the proof just be my Italian passport and our marriage certificate? We were married in Denmark, but do have an international form marriage certificate. She isn't looking to find a new job, so I don't think there is much to prove.

In terms of getting a RC though, which is probably the long term plan, would the fact that she is on Tier 2 (primary) be of any difficulty when trying to obtain the RC? Or would she need to apply from outside the UK?

Also, do I need to apply for a RC, or just her? And I am also a bit confused on how to start 'exercising my treaty rights.' Do I need to re-enter the UK with my Italian passport to do this, or does it start from the day that I have my Italian passport?

Thank you again for the advice; it's been helpful.

the3rdman
Junior Member
Posts: 68
Joined: Mon Nov 18, 2013 11:16 pm

Re: Advice: US/Italian dual citizen living in UK with US wif

Post by the3rdman » Sun Nov 08, 2015 11:50 pm

In addition to my above post, and in regards to 'exercising Treaty rights,' I have come to understand that means that I either have to be working, self-sufficient, self-employed, or coming to the UK as a student.

Since I am already working (on a tier 2 dependent visa), would that mean that I am exercising my treaty rights? And if I were to apply for a residence card or residence certificate, would the time that I have been 'exercising' be considered retroactive? I have just attained Italian citizenship, or rather, just been recognized as an Italian citizen, but technically, I have been Italian since birth. So how does that work when trying to exercise my treaty rights?

Thanks again!

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