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Hi,

I am in need of immigration advice and help.

My wife is from Turkey, I am from Northern Ireland, we married in August 2012, (in Turkey) and applied successfully for a 'Partner of a British citizen' visa in September of 2012. It was granted in March 2013. Her British visa will expire in December of this year.

I currently hold both a British and Irish passport, (being from Northern Ireland), and we are interested in finding out if it would be possible for her to apply for EEA residency card, using my ability to apply as an Irish citizen as her sponsor, from Northern Ireland before her British visa expires at the end of this year.

I understand the next logical step would be for her to apply for Leave to Remain (another 2.5 year visa) as she is currently on the British visa route, but I feel it would be more beneficial for us if I was able to use my dual citizenship to instead apply for an EEA residency card, which would therefore allow us to live/travel anywhere in the EU.

I am not sure if this is allowed or legal?

I am just trying to find out,
a: if this is possible,
b: if there might be questions asked, as to why we first had a British Visa for her, and are now applying for an EEA residency card, to essentially continue her stay for up to 5 years for £60 instead of over £1k for the Leave to Remain visa.

I hope this makes sense, and if anyone can please help I would greatly appreciate it.

Thanks

Jamie.

In order to exercise your Irish citizenship and get your wife as an EEA citizen, you would need to renounce British citizenship. Dual citizens are treated as purely British citizens within the UK.

Other users, such as chaoclive, have done it.

Obie has opined that the Good Friday Agreement allows Northern Irish citizens to exercise their Irish citizenship without renouncing British citizenship. But that proposition is currently untested.

Also, my understanding is that you can't switch to EU regulations from the UK route mid-way to permanent settlement.

Casa wrote:Also, my understanding is that you can't switch to EU regulations from the UK route mid-way to permanent settlement.

Casa, would it not be a case of just another five years i.e the clock is reset? It would not require the wife to return to Turkey to switch routes, just that it will take five years after the switch to earn PR, with the initial 2 years under the spouse visa being disregarded.

secret.simon wrote:In order to exercise your Irish citizenship and get your wife as an EEA citizen, you would need to renounce British citizenship. Dual citizens are treated as purely British citizens within the UK.

Other users, such as chaoclive have done it.

Obie has opined that the Good Friday Agreement allows Northern Irish citizens to exercise their Irish citizenship without renouncing British citizenship. But that proposition is currently untested.

Casa wrote:Also, my understanding is that you can't switch to EU regulations from the UK route mid-way to permanent settlement.

Thanks everyone for the quick reply.

So if I were to renounce my British Citizenship before her visa ran out in December, could we apply the EEA route?

Or do you think if she were to return to Turkey at the end of her current visa, we could apply for an EEA residency card while she is there?

Jamie912 wrote:So if I were to renounce my British Citizenship before her visa ran out in December, could we apply the EEA route?

Or do you think if she were to return to Turkey at the end of her current visa, we could apply for an EEA residency card while she is there?

I believe both options can be exercised, provided you renounce your British citizenship before you initiate the process. Remember that your wife's clock will be reset and she will be able to earn PR only after five more years.

secret.simon wrote:I believe both options can be exercised, provided you renounce your British citizenship before you initiate the process. Remember that your wife's clock will be reset and she will be able to earn PR only after five more years.

Thanks for this. I understand that I have to renounce my British citizenship before applying the EEA route, and that the clock would reset.

Personally, do you think this would be a better option than to continue on the British route? as we still have another 2.5 years + over 1k to spend on... then when that totals 5 years, we need to apply for Indefinite leave to remain. And after that citizenship.

It feels to me that the British route is the more expensive and cumbersome route.

Is there anything else I can do? any other visa or route I can take towards keeping my wife with me without spending so much money or paperwork?

Thanks again for your help!

secret.simon wrote:

Casa wrote:Also, my understanding is that you can't switch to EU regulations from the UK route mid-way to permanent settlement.

Casa, would it not be a case of just another five years i.e the clock is reset? It would not require the wife to return to Turkey to switch routes, just that it will take five years after the switch to earn PR, with the initial 2 years under the spouse visa being disregarded.

You may be right..I'm open to opinions.