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is he EU national?

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

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sohail akhter
Member
Posts: 129
Joined: Sat Sep 24, 2005 11:43 am

is he EU national?

Post by sohail akhter » Mon Apr 07, 2014 3:04 pm

Hello all!!!

If a person in British national and is self employed in the UK for last 3 years. He is also self employed in Republic of Ireland for last 6 months. Is British citizen exercising his EU rights? Can he apply for his brother as EU dependent from Republic of Ireland?

Thanks
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toofan
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Joined: Thu Apr 03, 2014 5:10 pm

Re: is he EU national?

Post by toofan » Mon Apr 07, 2014 4:09 pm

not in uk but if british citizen is living and exercising treaty rights in Ireland than he/she will be classed as eu citizen .
You may have to fight a battle more than once to win it.
<<<<<<<TOOFAN>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
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Casa
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Joined: Wed Jul 23, 2008 2:32 pm

Re: is he EU national?

Post by Casa » Mon Apr 07, 2014 4:24 pm

Are you saying he is employed in the UK and at the same time is self-employed in Eire?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.
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eldane
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Joined: Tue Jan 06, 2009 3:32 pm
Location: Milton Keynes, UK
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Re: is he EU national?

Post by eldane » Mon Apr 07, 2014 6:55 pm

If he provides services in another EEA country even if the company is located in the UK/or any other EEA country I suggest you look up the Carpenter rulling http://eur-lex.europa.eu/legal-content/ ... 2000CJ0060

Carpenter C-60/00 [2002] ECR I-6279
Fundamental rights affect the scope and application of Community law. In Carpenter, the Court weaved principles of respect for family and private life from Article 8 of the European Convention on Human Rights into its analysis of the rights of Union citizens. It concluded that the right of a minor child to reside in a Member State under Community law brought with it a corollary right for his mother to reside there as well.
Good intentions are appreciated but results are what matters..
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sohail akhter
Member
Posts: 129
Joined: Sat Sep 24, 2005 11:43 am

Re: is he EU national?

Post by sohail akhter » Tue Apr 08, 2014 5:25 am

Dear Casa

Yes, you are right, he is both self employed in UK and Republic of Ireland.
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