ILR (British/Irish) eligibility

[simon.browne0121]

Hello all.!

I have a question about an application for ILR (that Google couldn't solve)

I have both a British and Irish passport. My wife (married 15/01/2011 in Russia) she is Russian, applied for a family permit in the British embassy in Moscow - successfully - then applied for a residence card - successfully.

Arrived in the UK MAY/2011.

Has been here now for more than 3 years and before the requirements for funny income £18k+ therefore this does not apply to us.

It seems we are now in a position to apply for ILR via SET(M) based on my British citizenship/passport and her English language pass + life in the UK test pass.

The only issue I have is when I read the notes on the guidance form for the SET(M) regarding EEA members exercising treaty rights.. I am both simultaneously an EEA member exercising treaty rights AND a UK national.

Originally from Northern Ireland - the good Friday agreement 1998 states I can have dual nationality. At this point please note my wife was granted her EEA Residence Card under the condition that I was an Irish citizen working in Britain.

Can this in anyway affect our application??

I think our situation is so individual that it has outstripped the articles which I have read, I believe that our application for ILR is valid however (ex Home Office employee) I know the Home Office is not perfect.

Please Help.!

Thank You
S&M

[Obie]

You neither qualify nor can she apply for Set (M).

Your wife will qualify for Permanent Residence under EU law in May 2016.

The Good Friday agreement does not apply , as you wife was issued a Residence Card before the new law came into effect.

The Good Friday agreement raise and important principle or practice which will need to be addressed, fortunately for you, it will not be your case.

Wish you all the best.