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URGENT HELP NEEDED

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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AAP
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URGENT HELP NEEDED

Post by AAP » Wed Nov 11, 2015 6:46 pm

Hi,

I hope someone can help! I seem to be getting conflicting information with Immigration Lawyers and hoping someone can shed some light in regards to my confusion.

I am born and living in England. I hold a British and Italian Passport. I wish to marry my fiancé who is an Iraqi National, living in Turkey.

I want to marry my fiancé and we hope to come to England. I was wondering can I bring him to England under the EEA Family permit route, as I have and I repeat both a British and an Italian Passport.

One Immigration Lawyer said no I cant because having the British Passport means I loose my treaty rights under the EU, but yet another immigration Lawyer says I can because the UK allows dual nationality.

mega confused!

If someone can help I'll be highly grateful - Kind regards AAP

Obie
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Location: UK/Ireland
Ireland

Re: URGENT HELP NEEDED

Post by Obie » Wed Nov 11, 2015 6:56 pm

The one that said your can't , is right.

Because of your dual narionality, you cannot sponsor, unless you revoke your British passport.

What is your current earning?
Smooth seas do not make skilful sailors

AAP
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Re: URGENT HELP NEEDED

Post by AAP » Wed Nov 11, 2015 7:02 pm

Oh no! :(

Thank you for responding.

That's the thing I am not working right now. So it means I need to adhere to UK Law, obtaining a job at £18,600 per annum and staying in that job for 6 months correct? All this before I can marry my fiancé.

You see I just had the Italian Passport before, but an Immigration Lawyer told me to get the British one, he informed me that it would be easier!

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: URGENT HELP NEEDED

Post by Obie » Wed Nov 11, 2015 7:04 pm

Absolutely no logic in that advise.
Smooth seas do not make skilful sailors

AAP
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Re: URGENT HELP NEEDED

Post by AAP » Wed Nov 11, 2015 7:09 pm

I am aware of this now. But now I don't know what to do as we love each other so much and if I have to rely on finding a job at 18,600 and staying in that job for 6 months, plus application its heading toward one year.

I was thinking about going to Italy. But I have no clue on Italian Law either

AAP
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Re: URGENT HELP NEEDED

Post by AAP » Wed Nov 11, 2015 7:18 pm

Obie wrote:Absolutely no logic in that advise.
I am aware of this now. But now I don't know what to do as we love each other so much and if I have to rely on finding a job at 18,600 and staying in that job for 6 months, plus application its heading toward one year.

I was thinking about going to Italy. But I have no clue on Italian Law either

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: URGENT HELP NEEDED

Post by Obie » Wed Nov 11, 2015 7:27 pm

Well of you love each other like you say you do, then you have to make some serious decision, like moving to Ireland for example or renouncing British citizenship.

Some important decisions will have to be made by you.
Smooth seas do not make skilful sailors

AAP
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Re: URGENT HELP NEEDED

Post by AAP » Wed Nov 11, 2015 7:38 pm

Obie wrote:Well of you love each other like you say you do, then you have to make some serious decision, like moving to Ireland for example or renouncing British citizenship.

Some important decisions will have to be made by you.
You mean move to the Republic of Ireland?

You know I was looking on the internet they say UK recognises dual nationality, so why is it I cannot bring a spouse under family permit if I hold dual nationality?

Sorry to ask so many questions just so confused.

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: URGENT HELP NEEDED

Post by Obie » Wed Nov 11, 2015 7:44 pm

For the purpose of application of EU law, under the regulation, UK does not recognise the EU nationality of another memberstate if the person holds British Citizenship also.
I am not sure how best I can explain this again.
Smooth seas do not make skilful sailors

AAP
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Re: URGENT HELP NEEDED

Post by AAP » Wed Nov 11, 2015 7:47 pm

Obie wrote:For the purpose of application of EU law, under the regulation, UK does not recognise the EU nationality of another memberstate if the person holds British Citizenship also.
I am not sure how best I can explain this again.
I see now I understand. Thank you so much for your time and help. It is much appreciated :)

Obie
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Location: UK/Ireland
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Re: URGENT HELP NEEDED

Post by Obie » Wed Nov 11, 2015 8:07 pm

Also see Regulation 2which provides that an EEA national is a nation of an EEA state who is not also a British Citizen.
Smooth seas do not make skilful sailors

rag2richies
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Re: URGENT HELP NEEDED

Post by rag2richies » Thu Nov 12, 2015 9:33 pm

Advice please....
Send our Joint EEAPR application which included my eea wife who's the main applicant and myself non eea as the FM on the 12/10/15.
HO received it the second day the 13/10.....
Received email from HO on the 21.10.15.
Received the Bio-metric letter via Post on the 23.10.15 dated 20.10.15 and sent bio-metric back same day 23.10.
My current 5yrs RC will runs out in 2months and with HO already

I haven't receive any COA till now. Do anyone know what is going on please????

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