Dual nationality Brit/irish with Indian husband

[happytree]

Hi, can anyone tell me if with my Irish/British dual nationality I could claim to be exercising EEA treaty rights by living and working here and therefore obtain a permit for my Indian soon-to-be husband (we're due to marry in India in a couple of months)? It says on the border agency website that the policy on Irish/Brit dual nationals is up for review. We can't go the spouse visa route because the rules are elitist and we don't have much money. By the way, not sure if it's relevant but we both lived and worked in Italy for some time, but were not living together.

What we've done so far:
We've been living apart for a year trying to sort things out. I actually left my studies and got a job, because we wanted to apply for the spouse visa but then realised we probably don't meet the requirements. After that we were working towards him getting the point based visa but then they upped the requirement. EEA permit seems our only hope.

Would be so grateful for some advice!!

[craftynick]

Hi. I am from N Ireland too so can have both passports. We were both living over in Spain before we got married, i moved home a few months before him to get job, house etc sorted & then we applied for his EU family Permit in Spain, using my Irish Passport & it was given within 6 days, hope this helps

[Plum70]

Happytree, it is well within your rights to apply for a EEA FP for your soon-to-be husband.

[happytree]

Thanks for the positive replies. The thing is we are applying now from India and i think it's different if you're applying from and EEA country because then you can prove you're excercising treaty rights by moving to the UK and also your spouse already has permission to be in europe. However, i'm already settled here. Also do you know what's the minimum number of hours you have to work to qualify?

[Directive/2004/38/EC]

:D Thanks for the positive replies. The thing is we are applying now from India and i think it's different if you're applying from and EEA country because then you can prove you're excercising treaty rights by moving to the UK and also your spouse already has permission to be in europe. However, i'm already settled here. Also do you know what's the minimum number of hours you have to work to qualify? :?:

As an Irish citizen, you have the right to move to any other EU country (including the UK) for 90 days with no preconditions. You do not need to be working. You do not need to show how much money you have. You do not need to have a place to live. You do NOT need to be exercising treaty rights in the first 90 days.

If you want to stay for MORE than 90 days, then you need to be working or otherwise exercising treaty rights.

There is no minimum number of hours you have to work. For example, you could get a 20 hour per week job at McDonalds. It just has to be a real and productive job.

[MelC]

Thanks for the positive replies. The thing is we are applying now from India and i think it's different if you're applying from and EEA country because then you can prove you're excercising treaty rights by moving to the UK and also your spouse already has permission to be in europe. However, i'm already settled here. Also do you know what's the minimum number of hours you have to work to qualify?

As an Irish citizen, you have the right to move to any other EU country (including the UK) for 90 days with no preconditions. You do not need to be working. You do not need to show how much money you have. You do not need to have a place to live. You do NOT need to be exercising treaty rights in the first 90 days.

If you want to stay for MORE than 90 days, then you need to be working or otherwise exercising treaty rights.

There is no minimum number of hours you have to work. For example, you could get a 20 hour per week job at McDonalds. It just has to be a real and productive job.

Hi,
when a british citizen uses their irish citzenship for thier 3rd country spouse to benefit from the EEA/fp, and said british citizen has NOT moved, in fact they remain in the same home and job as they have done for some time as a british citizen (in northern Ireland) ~ do they require a Residence Certificate to prove that they are exercising their treaty right?
as without that, and any other documents to show that from a specific date they are using thier Irish citizenship/nationality, are they not under british domestic law? I know the UKBA are reviewing this, and presume that no specific answer will come from them until the conclusion of the McCarthy case in 2011, and current legislation (according to Clayton) states that the british national/citizen is relying on thier british residence and therefore would NOT be exercisig a treaty right.

I wonder what your thoughts/experiences are on this?
regards

[MelC]

Thanks for the positive replies. The thing is we are applying now from India and i think it's different if you're applying from and EEA country because then you can prove you're excercising treaty rights by moving to the UK and also your spouse already has permission to be in europe. However, i'm already settled here. Also do you know what's the minimum number of hours you have to work to qualify?

Hi, I am personally aware of 3 cases where the application was outside the EU/EEA, one from the USA, and 2 from North Africa. All were successful. the 3rd one, actually collected his passport with EEA/fp this morning.

I hope that this is encouraging for you.
regards

[vinny]

Hi,
when a british citizen uses their irish citzenship for thier 3rd country spouse to benefit from the EEA/fp, and said british citizen has NOT moved, in fact they remain in the same home and job as they have done for some time as a british citizen (in northern Ireland) ~ do they require a Residence Certificate to prove that they are exercising their treaty right?
as without that, and any other documents to show that from a specific date they are using thier Irish citizenship/nationality, are they not under british domestic law? I know the UKBA are reviewing this, and presume that no specific answer will come from them until the conclusion of the McCarthy case in 2011, and current legislation (according to Clayton) states that the british national/citizen is relying on thier british residence and therefore would NOT be exercisig a treaty right.

I wonder what your thoughts/experiences are on this?
regards

See also EEA or UK Spousal visa?