UK SPOUSE VISA REFUSED TO NON EU BY UK, APPLY AS IRISH??

[mrsmagoos]

Hi Guys,

I posted recently requesting advice for my Albanian husbands application for a spouse Visa to join me, British citizen in UK.

Unfortunately after less than 2 weeks the application, passport and documents have been returned today.
No refusal letter, in fact no letter at all but no visa in passport.

Assuming that is a refusal - should there not be a letter explaining why/what?
He has a criminal record, a prison sentence for possession of false identity.
He was sentenced to 8 months and served 4. Reason enough to refuse but we asked for a discretionary decision on this.

Another posted replied to my last post and said something about renunciation of my British passport.

My parents were both born in Ireland.
I did infact apply for an Irish passport a while ago but forgot to submit a form and didn't follow it up.
However I am entitled by birth rights.

If I were to renounce my British Citizenship and apply for EEA family permit from the UK using my Irish passport would that be a guaranteed acceptance?
Would it not matter he has a criminal record in the UK?

I have thought about the idea of moving to Ireland for 3 months, living, working etc but its almost impossible as I have kids, a career and house in UK.
And if I don't have to and I can take advantage of a loophole then great.

Can anyone help with this?

If this is a realistic option why wasn't I advised of this before by the solicitors?

I did ask at the start of a previous application for him to remain under HR whilst in the UK and was told that this wouldn't be acceptable. But if I actually renounce British Citizenship then would it be?

Its obviously a grey area and I would really appreciate some sound advice from anyone who knows more.

To be honest the way the UK immigration law is I have no alternatives.
We could appeal I know but this is still uncertain, lengthy and costly.


Please reply asap and thank you in advance.

[noajthan]

Hi Guys,

I posted recently requesting advice for my Albanian husbands application for a spouse Visa to join me, British citizen in UK.

Unfortunately after less than 2 weeks the application, passport and documents have been returned today.
No refusal letter, in fact no letter at all but no visa in passport.

Assuming that is a refusal - should there not be a letter explaining why/what?
He has a criminal record, a prison sentence for possession of false identity.
He was sentenced to 8 months and served 4. Reason enough to refuse but we asked for a discretionary decision on this.

Another posted replied to my last post and said something about renunciation of my British passport.

My parents were both born in Ireland.
I did infact apply for an Irish passport a while ago but forgot to submit a form and didn't follow it up.
However I am entitled by birth rights.

If I were to renounce my British Citizenship and apply for EEA family permit from the UK using my Irish passport would that be a guaranteed acceptance?
Would it not matter he has a criminal record in the UK?

I have thought about the idea of moving to Ireland for 3 months, living, working etc but its almost impossible as I have kids, a career and house in UK.
And if I don't have to and I can take advantage of a loophole then great.

Can anyone help with this?

If this is a realistic option why wasn't I advised of this before by the solicitors?

I did ask at the start of a previous application for him to remain under HR whilst in the UK and was told that this wouldn't be acceptable. But if I actually renounce British Citizenship then would it be?

Its obviously a grey area and I would really appreciate some sound advice from anyone who knows more.

To be honest the way the UK immigration law is I have no alternatives.
We could appeal I know but this is still uncertain, lengthy and costly.


Please reply asap and thank you in advance.

Letter is likely to come separately so give it a few days.

There's a whole thread on renouncing BC, you can check it in the forum.

If you did that you would be switching to operate under EU rules; a completely different kettle of fish (from UK immigration regs).

You could achieve same result by shifting 'centr of life' to a.n.other EU country (Surinder Singh) but, as you observe that path has its costs as well as benefits.

I can't explain your solicitor but clearly not all are immigration specialists; not all well-versed in UK versus EU immigration regs & options.

[Obie]

As I said in my previous reply to you on another thread, your husband's visa is likely to get refused. As funny as it sounds, I don't know if Surinder sing will apply. Although it can be argued, that the UK cannot have it both ways.

[mrsmagoos]

As I said in my previous reply to you on another thread, your husband's visa is likely to get refused. As funny as it sounds, I don't know if Surinder sing will apply. Although it can be argued, that the UK cannot have it both ways.

Thanks for answers. Do you think an EEA family permit be refused?
If so, on what grounds, if its lawful?

I cant move from the UK. So this is my only hope of my husband returning to me.
I've never felt so low in my life and need this resolved.

Please add more info if you have.

[Obie]

If you renounce British Citizenship, then the possibility of a refusal on the basis of his criminal conviction alone, is limited.

[mrsmagoos]

If you renounce British Citizenship, then the possibility of a refusal on the basis of his criminal conviction alone, is limited.

Limited? What do you mean?
You mean likely?

Can they refuse an EEA permit for criminal convictions?

Could a refusal be overturned on appeal under HR Article 8? Is that easier under EU rules?
I am so desperate for him to join me.
Otherwise it has to be the end of our marriage.

[Obie]

The prospect of auccess are significantly higher under the EU law point. That is as far as I can go. Very good prospect. If it went as far as appeal the prospect is even higher.

I think it is a bit extreme, do you not, to suggest his inability to come in will lead to the end of your marriage?

How can you hold him responsible for something which is not of his making.

I think you should take a deep breath, think about the impact this may be having on him, rather than just the impact it may be having on you.

[mrsmagoos]

The prospect of auccess are significantly higher under the EU law point. That is as far as I can go. Very good prospect. If it went as far as appeal the prospect is even higher.

I think it is a bit extreme, do you not, to suggest his inability to come in will lead to the end of your marriage?

How can you hold him responsible for something which is not of his making.

I think you should take a deep breath, think about the impact this may be having on him, rather than just the impact it may be having on you.

I think you may have misunderstood.
We obviously didn't know things would end up this way and we love each other very much.
However the separation and stress on us both is immense.
If realistically we cannot be together then we both need to move on in our lives. Its hurting us both like this.

He is as heartbroken as me and he is starting to lose hope.

I'm searching for ways to resolve this. Thanks for your input so far,

So in easy terms its a good option and likely to be successful eventually?
Regardless of his crim record and the fact I renounced my BC but still live and work in the UK?

[secret.simon]

As suggested by noajthan, go through this thread to look at the cases of other dual EEA/British citizens who have renounced their British citizenship to bring in their spouse/families through the EEA route.

As an Irish citizen, you have all the benefits of being a British citizen and can bring in your spouse through the EEA route.

As I understand it, the EEA Route is very simple. They can not deny the spouse of an EEA citizen entry based on a criminal past.