Immigrationboards.com

Hello everyone.

I am in need of urgent help/advice please!

I am born in UK to an Italian father(holds Italian citizenship) and a Moroccan mother (holds British citizenship). Since birth I was registered in Italy so I hold dual nationality (British & Italian).

5 Years ago I met my now husband who is Moroccan and who is here as he overstayed. June 2018 we will be married for 3 years.

In 2015 we started his application to get his residency card on the basis I hold Italian citizenship and I have been able to provide a letter confirming this from the Italian consulate. Since then my husband has been refused which we have appealed and recently went to court but received a refusal again as according to judge and home office, because I hold British citizenship I can’t be seen as Italian to use this to be advantage in keeping my husband here with me. This is down to the McCarthy law and Lounes.

This is extremely frustrating as I can’t help what nationality I hold, the law is strongly against me.

I genuinely don’t know what to do and what are my remaining options if I have any.

We have been married for 3 years, we are both hard working people. I earn 28K he earns 33k, he has been paying taxes since 2015 and I have never claimed in my life. We have so many goals like buying a home and starting a family but all of this is on hold because of this.

Many people advise me to just have a baby as its meant to help the situation.. I’m not sure if this is true but it just seems wrong to plan a baby when I want to travel with my husband, buy our first house together and have a stable financial situation.

Please if any of you have been in this situation, or know someone that has… comment onto this post.

I refuse to lose hope, there must be a way to keep my husband with me surely?

You can use UK immigration routes if you earn the threshold amount of 18.600£ or renounce to British citizenship keeping only the Italian one.

You can apply again or appeal against their refusal (if it is still possible to do so).

After the Lounes judgement, your EEA rights are not impacted anymore by your being British.

eeaprneu2 wrote: ↑

Wed Jan 17, 2018 4:32 pm

After the Lounes judgement, your EEA rights are not impacted anymore by your being British.

The Lounes judgment does not apply in this case.

It applies to EEA citizens who moved to the UK and subsequently applied for and acquired British citizenship. For the Lounes judgment to be engaged, freedom of movement within the EEA needs to have been exercised by the EEA citizen having moved across national boundaries and exercising treaty rights.

The OP has had Italian citizenship by birth and does not seem to have exercised treaty rights in another EEA country. Therefore Lounes is irrelevant.

dan1988uk wrote: ↑

Wed Jan 17, 2018 12:16 pm

You can use UK immigration routes if you earn the threshold amount of 18.600£ or renounce to British citizenship keeping only the Italian one.

I concur with this advice. Either apply under the UK Immigration Rules or renounce your British citizenship, thereby becoming a purely EEA citizen.

But if I do the UK routes as I do earn above the inspected amount... would my husband be expected to go back to his country while we ferry out this process or can we do it while he is still here?

In regards to renouncing... do you know how long it will take and is this guaranteed in getting my husband his residency card ?

secret.simon wrote: ↑

Wed Jan 17, 2018 4:46 pm

eeaprneu2 wrote: ↑

Wed Jan 17, 2018 4:32 pm

After the Lounes judgement, your EEA rights are not impacted anymore by your being British.

The Lounes judgment does not apply in this case.

It applies to EEA citizens who moved to the UK and subsequently applied for and acquired British citizenship. For the Lounes judgment to be engaged, freedom of movement within the EEA needs to have been exercised by the EEA citizen having moved across national boundaries and exercising treaty rights.

The OP has had Italian citizenship by birth and does not seem to have exercised treaty rights in another EEA country. Therefore Lounes is irrelevant.

dan1988uk wrote: ↑

Wed Jan 17, 2018 12:16 pm

You can use UK immigration routes if you earn the threshold amount of 18.600£ or renounce to British citizenship keeping only the Italian one.

I concur with this advice. Either apply under the UK Immigration Rules or renounce your British citizenship, thereby becoming a purely EEA citizen.

But if I do the UK routes as I do earn above the inspected amount... would my husband be expected to go back to his country while we carry out this process or can we do it while he is still here?

In regards to renouncing... do you know how long it will take and is this guaranteed in getting my husband his residency card ?

Have you every resided in an EU state? Was your mother a British citizen at the time you were born?

Obie wrote: ↑

Thu Jan 18, 2018 2:12 pm

Have you every resided in an EU state? Was your mother a British citizen at the time you were born?

My mom was a British subject when i was born. No I never resided anywhere but the UK because of coarse I was under my family supervision till the age of 18 which I then met my now husband.