UK EEA Permit for non EU spouse. Both resident outside EU.

Hi everyone.

Hopefully someone can offer some advice on whether we are taking the right route with our EEA Permit application...

I am an Irish national, and Irish passport holder, however, I was born in the UK prior to Jan 1, 1983 so I think that also makes me a UK citizen. My wife is non-EU, and we got married in the Philippines, where she is from, in 2009.

We both live and work in Bermuda (which is a UK overseas territory). However, we've decided it's time to leave here and would like to move to the UK.

Can she, as the spouse of an Irish national apply for an EEA family permit for the UK? Neither of us have an address in the UK, or have work lined up in the UK, but we have sufficient funds to sustain us for 3 years at least, even if we don't work. I've spoken to recruitment agents also and have been told that it will be easy enough for us both to get work.

On the UK Visas website, it states the following:

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

This guidance is under review due to a case being referred to the Court of Justice of the European Union (formerly ECJ).

Please refer to ECCCAT for guidance.

I guess my questions are as follows:

Does my UK citizenship prevent my spouse from applying for an EEA Permit?

Does the fact that we don't have an address in the UK, or jobs yet, likely to cause our application to be rejected?

Would much appreciate any opinions or advice from those who know, or have been in a similar situation.

Thanks

I think your wife qualifies for an EEA Family Permit.
Make it clear in the application that you will travel to the UK together. Also be clear about the purpose of your trip: to look for a job and settle in the UK. Also as a jobseeker you are a qualified person (exercising treaty rights) according to the EEA Immigration Regulations.
Don't mention that perhaps you have British Citizenship as well.

Thanks, Fysicus.

Having read more about it more about this morning, and read your post, I think it's best not to tell them about my UK citizenship. It will create more hassle than it's worth, I think.

I didn't realize that job-seeking was also considered as exercising a treaty right, so that was very helpful. I feel more confident about it now. Thanks again.

fysicus wrote:Also be clear about the purpose of your trip: to look for a job and settle in the UK. Also as a jobseeker you are a qualified person (exercising treaty rights) according to the EEA Immigration Regulations.

As the OP does not reside in the UK yet there is no requirement of being a qualified person (and in the first three months after arrival). Without crossing the border it will not even be possible to exercise a treaty right in his circumstances. Also there is no requirement to give reasons for the relocation.

fysicus wrote:Don't mention that perhaps you have British Citizenship as well.

The application form asks for the place of birth and date of birth of course...

See also http://www.immigrationboards.com/viewtopic.php?t=71506

Thanks, 86ti.

I guess I just have to cross my fingers and hope the UK citizenship doesn't become an issue. As you point out, my place and date of birth will be on the application form. Also, my Irish passport states that I was born in the UK.

Ironically, I always thought that being born in the UK would assist my application. Now I've done more research, it seems more like a hindrance!

I am also interested in the query posted.
So it is possible for the EU (non-British) husband and the non-EU wife (on an EEA permit) to travel together even though neither of them have a job in the UK before reaching there?
I did go through the forms before and i think there are fields there asking for information on job location, salary etc in UK. What do we fill in there for such cases?
Will they reject the application form if certain fields as above are not filled in?

strongbow wrote:So it is possible for the EU (non-British) husband and the non-EU wife (on an EEA permit) to travel together even though neither of them have a job in the UK before reaching there?

That's the very idea of having no further requirements besides proper ID (or comparable documents proving idenity) and possible an entry clearance for the non-EEA in the first 3 months, i.e. being able to look for a job without too much bureaucracy.

strongbow wrote:I did go through the forms before and i think there are fields there asking for information on job location, salary etc in UK. What do we fill in there for such cases?

The UK has admitted already that those questions are not required.

strongbow wrote:Will they reject the application form if certain fields as above are not filled in?

Legally speaking they just can't but in practice that doesn't mean that the UKBA would not do wrong.

@86ti , thanks a mil!

Thanks every one for posting clear information.

So actually, am I correct in saying, that once you get the Irish citizenship, and Irish passport, the next thing is to relinquish one's UK citizenship and hand back the UK passport.

As it seems that one can not bring one's non EEA spouse to UK, while one holds duel passports and nationality.

Question please,,,,, if I may.

On what visa would a non EEA spouse travel to Ireland with me, if I am the holder of an Irish nationality and passport?

What are the first steps one should do, when arriving in Ireland, in regards to acquiring an EEA Family permit for one's non EEA spouse.

thanks for reading.

Vette

Graham Weifang wrote:Thanks every one for posting clear information.

So actually, am I correct in saying, that once you get the Irish citizenship, and Irish passport, the next thing is to relinquish one's UK citizenship and hand back the UK passport.

As it seems that one can not bring one's non EEA spouse to UK, while one holds duel passports and nationality.

Not entirely true. There is no need to renounce the British citizenship. I suggest you read EEA FAQs - Common Questions - Read before posting - Surinder Singh.

Graham Weifang wrote:
On what visa would a non EEA spouse travel to Ireland with me, if I am the holder of an Irish nationality and passport?

What are the first steps one should do, when arriving in Ireland, in regards to acquiring an EEA Family permit for one's non EEA spouse.

thanks for reading.

Vette

Graham, I am in the same boat as an Irish citizen and non EEA wife who lived outside of the EU last year. We applied for a c class general UK visitors visa. There are certain categories of this visa that also allow entry into the Republic of Ireland (though only AFTER first entering the UK). It's the easiest way without having to get two separate visitors visa's for UK and Ireland. Details here:

http://www.dfa.ie/home/index.aspx?id=8777

But be careful - make sure the category of Class c visa is applicable under the program (family visit is not).

We received a 180 multi-entry Class C visa (our initial travel plans were tourism - then we decided to stay) and then applied for EEA2 residence card whilst here in the UK. I've no idea of the effect of your dual citizenship though...

mcru wrote: Graham, I am in the same boat as an Irish citizen and non EEA wife who lived outside of the EU last year. We applied for a c class general UK visitors visa.

You could have applied for a free EEA family permit from the UK. You could have applied for a free (last time I looked) visa for Ireland.

The Irish visa waiver scheme does not apply to all nationalities.

EUsmileWEallsmile wrote:

mcru wrote: Graham, I am in the same boat as an Irish citizen and non EEA wife who lived outside of the EU last year. We applied for a c class general UK visitors visa.

You could have applied for a free EEA family permit from the UK. You could have applied for a free (last time I looked) visa for Ireland.

The Irish visa waiver scheme does not apply to all nationalities.

.
Hi EUsmileWEallsmile, and many thanks for taking time to give me a reply.

I am actually living in China now, with my Chinese wife.
So was seriously looking to move to Ireland temporarily, while getting her the Irish EU Family permit.
I believe it may be called the 4EUFam stamp ?

Then this 4EUFam stamp, if it is called that, will enable us to almost travel Europe visa free.


Please chip in any one, if I have his wrong


vette