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UK national and Canadian applying for eea 2

Posted: Tue Oct 25, 2011 12:50 pm
by Leah
Hello. I'm new and I have been reading posts about eea 2 applications. I have a few questions that may have been answered but I haven't been able to find the threads.
my boyfriend is a UK national living in northern ireland and I am a Canadian that has been living in the republic of Ireland for 2 years, northern ireland for 2 years before that. During the 2 years in ROI, I traveled everyday to Dublin to work while living with my bf in NI. I have been advised by an immigration lawyer and by someone working at UKBA that this was okay. I have since finished my visas for ROI and am in NI on a visitor visa. We are waiting for his divorce to finalise. My questions are:

1)do we need to wait for his divorce to finalise or can we apply regardless? There is nothing in the paperwork indicating a need for proof of past relationships broken down

2) as he is a UK citizen and covered under The NHS, do I need to get health insurance? Should have applied for it while in ROI? I can't afford aviva and I'm not covered by the Canadian health care system as I have been away for 4 years.

3) I have read that in order for a uk citizen to exercise their treaty right, they must first move to another eu country. That isn't possible for my bf as he has joint custody of his kids. Is it possible for his to exercise his eu treaty rights while in his home country?

Thank you for all of your help.

Posted: Tue Oct 25, 2011 1:11 pm
by Obie
You do not qualify to apply under EU law, as your husband has never worked or set up a business in another memberstate other than the UK.

Even if he is entitled to Irish Citizenship, and hence apply for one, you may not be able to qualify for Residence card.

The best solution is to wait until his divorce is finalised, and apply for unmarried partners visa, under UK national law.