EEA Family Permit Dual Citizen and Exercised Rights

[dualcitizen001]

Hi, I like this forum. I am a dual citizen (Ireland and UK). I am in the same situation as McCarthy (C-434/09) was except the I worked in Holland for 2 years in 2009 and 2010. So, I have previously used my right of freedom of movement under European law and Im not barred from an EEA Family Permit under the EU ruling. Also, I am a "Qualified Person" having recently got a UK job contract.

I want to apply for a family permit for my Colombian wife. However, we never lived together in Holland. Therefore I may not exactly fall under the Surinder Singh for a UK National?

Would anyone like to rate my chances of getting an EEA Family Permit now. I would be interested to hear.

Thanks

[EUsmileWEallsmile]

You have a very interesting situation. Having exercised rights of freedom of movement, you are not in the same situation as McCarthy. Also working in the UK means you are not like McCarthy.

That said, I suspect that the UK would simply refuse an application on the basis that you are a dual national.

For Singh, UK requires that you live together in another member state prior to returning to the UK.

What are the circumstances of your citizenships? Please be specific, eg where were you born, parents' nationalities, etc.