EEA FP advice

[maoam55]

Hello,

First, this is a really awesome forum with such a wealth of information.. no doubt i'll be spending a long time here!!

I was wondering if anyone could possibly help me with a few issues I have with dual citizenship and EEA FP rules please!

I am a dual UK/French citizen, lived in London for my whole life and am currently a phd student (= employment AND student), I'm desperately trying to get my fiancee over who is from the U.S, I've been with her for 5 years in which she's lived with me in the UK 4 times for 3-6 months at a time (tourist/no visa), basically 3-6 months every year.

I wanted to use the FP system, but does my UK citizenship invalidate my rights as an EU citizen from french nationality? Also, I've read around the boards that this system is only valid within 3 months of coming to the UK to work (using free movement), will I be rejected on this basis?

Another issue I've encountered is that as we are not married yet, she wouldn't come under close family, but extended family until we are married (but I can't marry her in the UK or France without separate visas... very frustrating), is the likelihood of refusal increased by her being an "unmarried partner"? Also, would being over here on a tourist visa prevent her being classed as "living with me" so to speak?

Apologies for the sprawl of text, I hope I've made some sense - I would really appreciate any comments/advice given!

Cheers and Happy New Year for tomorrow night!!
George

[357mag]

First, this is a really awesome forum with such a wealth of information yes it is .. no doubt i'll be spending a long time here!!

I was wondering if anyone could possibly help me with a few issues I have with dual citizenship and EEA FP rules please!

I am a dual UK/French citizen, lived in London for my whole life and am currently a phd student (= employment AND student), I'm desperately trying to get my fiancee over who is from the U.S, I've been with her for 5 years in which she's lived with me in the UK 4 times for 3-6 months at a time (tourist/no visa), basically 3-6 months every year.

I wanted to use the FP system, but does my UK citizenship invalidate my rights as an EU citizen from french nationality?probably Also, I've read around the boards that this system is only valid within 3 months of coming to the UK to work (using free movement), will I be rejected on this basis? you can also qualify as a student, but its a moot point because of your UK nationalty
Another issue I've encountered is that as we are not married yet, she wouldn't come under close family, but extended family until we are married (but I can't marry her in the UK or France without separate visas... very frustrating) you could go to USA and get a quickie marriage, is the likelihood of refusal increased by her being an "unmarried partner"? Also, would being over here on a tourist visa prevent her being classed as "living with me" so to speak? chances of you getting accepted as a durable relationship are very very low, also a moot point

[357mag]

Sorry that seems to be a bit off putting but you have to be realistic about these things.

So what opions are open to you?
Maybe fiancee/spouse visa route? Have you got an income of more than £18.6k? Think not.
I'm not sure of the American options, maybe you can move over there to be together?
You cant get married if shes on a visitor visa, ok so there is the option to get married in US, or maybe she can get a student visa here?
Or theres the Surinder Singh route if you feel you have the dedication to go through with it.

[maoam55]

Thanks a lot for the info!

unfortunately my PhD is full time for the next 2.5 years, not possible to move for that time!
We'll be moving to the U.S afterwards, one of the reasons I don't qualify for fiancee/spouse visa, no intent to settle (and no 18,6k)!

we'll likely try the marriage visitor visa for a short fix and then explore options after that!

Thanks!

[maoam55]

Hello again,

I've done a hell of a lot more reading, if anyone has any experience with the following I'd be really thankful for any information!

While I am a British/French dual national, I was born in France. moved to the UK a week or so later and obtained British nationality a while later, as well as this I am currently in full time student/employment (earn ~15k pa tax free grant)
- Do these two facts protect me from being denied via the McCarthy judgement?
(she was without a job, on benefits, and never resided/been to the Irish nation which she was trying to exercise rights of movement from)

Essentially I'm a French national, my studentship is based on my French nationality (used French passport, etc.), perhaps I could omit my dual nationality in order to obtain a family permit (of student) after marriage? Seems sneaky but might be worth a shot?

Also I've seen in the following blog (https://eumovement.wordpress.com/2010/0 ... to-travel/) that If we were to travel to EU and back to the UK, we could simply present our marriage certificate and my French passport and could not be refused re-entry under the revised code 1A - is this sound logic?

Once again thank you for any advice given, I look forward to returning the favour once I am successfully living with my partner at last! (touch wood)

Cheers,
George