Returning EEA residence card after change of citizenship (non-EEA to EEA)

Hi all

I am an Irish citizen living in Northern Ireland. My civil partner has recently naturalised as an Irish citizen. He used to hold Chinese citizenship and had a residence card issued to family members of EEA citizens under the EEA regulations.

We have been told in the past that an EEA citizen cannot hold a residence card (EEA2 as was) so we had sent it back to the Home Office a few months ago. We received a letter today that stated that they cannot update his records (as an Irish citizen) and that this can only happen if he applies for a residence card as an Irish citizen.

The issue is that an Irish citizen doesn’t need any form of residence card to reside in the UK. We are not going to waste time on an application for a registration card when it is of no value in our circumstances.
My worry is that the Home Office start to contact non-EEA citizens who were/are family members of EEA citizens in the future in some form of database clean up and the fact that we have not had the records update might prove problematic.

I guess range likelihood of the above actually happening is low but would anyone have any idea about the best way forward? Should we just hold on to the residence card and do nothing? Is it best to reply stating firmly that I want his status to be updated so that he won’t fall foul of any checks in the future and enclose the RC?

Sorry for the long post!

Thanks
CC

chaoclive wrote: ↑

Mon Sep 24, 2018 9:14 pm

We have been told in the past that an EEA citizen cannot hold a residence card (EEA2 as was) so we had sent it back to the Home Office a few months ago.

Where did you get this information from? This sounds reasonable, only asking so that you point to the website where this is spelled out, for reference.

We received a letter today that stated that they cannot update his records (as an Irish citizen) and that this can only happen if he applies for a residence card as an Irish citizen.

Just to confirm, this is a letter from whom? Who sent/signs the letter? The UK government or the Irish government?

The issue is that an Irish citizen doesn’t need any form of residence card to reside in the UK.

Sounds like the UK government is not aware that your partner is now an Irish citizen, but I'm just assuming as I do not know the answers to my questions above.

We are not going to waste time on an application for a registration card when it is of no value in our circumstances.

Yeah, makes no sense.

My worry is that the Home Office start to contact non-EEA citizens who were/are family members of EEA citizens in the future in some form of database clean up and the fact that we have not had the records update might prove problematic.

Since he's an Irish citizen now, in any case, he has nothing to fear.

I guess range likelihood of the above actually happening is low but would anyone have any idea about the best way forward? Should we just hold on to the residence card and do nothing? Is it best to reply stating firmly that I want his status to be updated so that he won’t fall foul of any checks in the future and enclose the RC?

Best to have answers to my quesitons above to have a clearer picture.

My understanding is that both EU and non EU members of EU citizen family get EEA2, but:
- EU citizens family members get “resident permit”
- non-EU family members get “resident card”
The reason being that EU citizens already have required biometric ID (their EU id/passport), while non-EU people may/need be required to submit biometrics and can/must get biometric card.
In your case, the only issue might be if your partner wants to apply for UK citizenship and would need to prove they spent here 5 years (I do not know specific details related to Irish citizens, and whether they are under the same requirements to apply for EU citizenship though)
If you are a worried type, you can re-apply for them for EEA2 as EU member of your family, or for their own EEA1 as EU citizen on their own rights (if they work).
Or if you are about to fulfil 5 years, directly for PR.
(and inform about their change of citizenship in process - if my memory is correct, they had to loose chinise citizenship when they acquire another one)