she then went to live in Belgium, opted for belgian nationality because she wanted to teach small children and it was then an obligation to be belgian to do so then she married my belgian dad and stayed in Belgium where I was born (1975) Now, she'd like to recover her british citizenship but she do...

Is it not possible, you think, just for me to get a job here and do the standard SS route? That would work with no rule changes - though presumably it will slow your writing down. From what you've said, you may escape the collateral damage of the rule changes. Moreover, the rule change might not ge...

It means "Study Sean Ambrose McCarthy's legal bill" (technically, I suppose, Patricia McCarthy's). You'll have to take your case as far as the European Court of Justice. Your wife may also fall foul of the proposed change to the citizens' directive, excluding "spouses who had no prior lawful residen...

The bad news is that Spain's decision that you qualified as "self-sufficient" would justify refusing to accept your wife as an EEA family-member under the UK regulations. You'd have to show that the UK regulations were inconsistent with the EU treaties.

Its not clear if parents are married but OP seems o say their bcs (for parents of child) were requested. Those documents will not answer any question about paternity of the child. The parents' birth certificates may be wanted to support the statements as to who the child's grandparents are. Beyond ...

A parent's birth certificate does not speak about the paternity of a child! And that is what is said to have been asked for - evidently by an untrained &/or inexperienced (and no doubt overworked/underpaid) caseworker. <snip> Child's birth certificate and marriage certificate are all that are requi...

To get your wife her residence card, you need to have been exercising one of your treaty rights:

• As a worker;
• As a self-sufficient person; or
• As a student

Do you know which right Spain deemed you to have been exercising?

I REALLY FORGOT TO MENTION ONE IMPORTANT THING: I'm at moment receiving maternity allowance, due to finish in June/July. Do I need to wait to apply to PR card, or can I apply now while on break from work? I will go back to work after maternity allowance finish. I'm self employed and have been like ...

It's probably worth the mother's (I.e. Olga 's) while to apply for a permanent residence card to simplify reproof that the baby is British lest its passports not be accepted as evidence of Britishness for its children. It may also simplify British passport applications for future children. Formally,...

If you were a minor when you received ILR, you might yet be naturalised, as there is a view that children should not be punished for the sins of their fathers. (I presume your father brought you to the UK.) In particular, the courts have recently ruled that children can't be refused registration as ...

biblapmcdantope wrote:Thanks for the replies.

MEMBER: My wife has a five year working visa as spouse of EU resident.

Which treaty right does Spain believe you're exercising? Or have they not categorised you?

ivetalopes wrote:What is the difference between self sufficient and employed?

Think of 'self-sufficient' as 'independently wealthy', but the threshold is quite low, and can even include being kept by one's non-EEA spouse. From what you say, you've been a worker, so you don't need to worry abut the concept.

I know it seems straight forward but I just want to have her apply for the correct EEA form. She is a bit insecure and needs reassurance with these things. I don't blame her for feeling insecure. Is she covered by Surinder Singh, or by the misapprehension that dual national British/non-British EU n...

The solution seems to be to include evidence in your application that you cannot change the name on the passport of your original nationality. That way, you will get a British passport in the name of "Patricia Maria McDonald" along with the observation, "The holder is also known as Patricia Maria Mo...

Was there any acknowledgement of a residence card having been applied for? I'm wondering if the case worker saw your student visa had expired and simply looked no further.

Chapter 1 Section 1 (right of Abode) of the Immigration Directorate Instructions make chilling reading. Right of Abode does not mean citizenship nor is it exclusive to citizens. There are several classes of people who qualify for it. No, but having right of abode is what makes British citizenship r...

Tosh. However, it's a good example of how badly the regulations can be drafted.

It's hard to see how it would not exclude any EU-citizen husband and wife where only one has been working and the other has not had Comprehensive Sickness Insurance (CSI). Are you suggesting that the caseworker has misread the antipolygamy provisions? If you are subtly accusing me of exaggerating th...

The caseworker who kept your passport and wrote the letter to you should have been better trained . Is it implausible that the Home Office has started, in advance of a vote to remain in the EU, to apply the 'clarification' that "The concept of marriage of convenience - which is not protected under ...

Or is this not an exception, because passportless citizens only lack the right to enter at ports? 'Passportless' citizens have the right to enter their own country regardless of the port of entry. We are required to enter using a passport for the UK (and for the U.S. and probably many other countri...

Some sources say that there is a difference between the 'habitually resident' (relevant for benefits) and 'ordinarily resident' (relevant for NHS charges).

The "Prior lawful residence" requirement will also often stop Frenchmen bringing their non-EEA wives from outside the EEA to the UK more easily than can British citizens in the UK, and this is something David Cameron exulted about.

So what I had found was basically correct. I don't know who has been giving her the FUD that the child will not be able to get any 'benefits' by lieu of not physically being born in the UK. Not that we have thankfully ever needed to make use or or hope to in the future (except NHS occasionally) .. ...

What kind of trouble will I get when I come back to the UK. So long as you don't lie, there may be some delay while the evidence that you are British is double checked. I don't know if there is any practical alternative to carrying your naturalisation certificate. Explain that you haven't had time ...

Mrs.P wrote:Many thanks for the reply. Any idea where I can contact the home office to explain my situation please.

Not really - can only go on what Azlan6 reported earlier in this thread.

As Casa said, you may not get a consistent answer.