EEA1 Registration certificate and McCarthy

[londonj]

Just out of interest, does anyone know if a dual British/Irish citizen can apply for an EEA1 registration certificate?

Or do the rule changes post the McCarthy ruling prevent this? I know McCarthy was primarily about non-EEA residents applying for a family permit on EEA2 but the rule change "re-defines" an EU citizen.

Thanks

[Directive/2004/38/EC]

If the Irish citizen has never had a passport, and never had a passport then you might be out of luck.

But if they are only incidentally British and have worked as an Irish citizen in the UK, then you should be able to do it.

[londonj]

Assuming an Irish passport was acquired through descent recently. Although the person had only ever lived and worked in Britain. So a similar situation to McCarthy.

I was just wondering if it was an untested way to get the Home Office to recognise you as an EU citizen....

Prior to the July rule changes I assume in normal circumstances the scenario I set out would result in a registration certificate in the same way a family permit would have been issued? (from what I read family permits were still being handed out to dual Irish/British post McCarthy verdict but pre July rule changes).

But have they put a stop to a registration certificate being issued to a dual British/Irish holding an Irish passport and working full time since July in the same way they have made it clear a family permit should not be issued (would this be UKBA internal guidance)? It's quite clear a family permit cannot be issued on the UKBA website, but I can see no mentions of restrictions on gaining a registration certificate.

If you were able to obtain a registration certificate I wonder if you could then subsequently apply for a family permit as they had recognised you as a EU national exercising treaty rights in the act of issuing the registration certificate....

[Jambo]

It's the other way round.

Rights under EEA regulations are derived from the EEA national. They have stopped issuing family permit as the regulations have changed following the inlementation of McCarthy and they have stopped accepting dual national as EEA nationals.