Application for fiance / spouse visa by dual national

[Bambino-fred]

1 If I have British / Italian joint nationality,[/i] am I able to apply for a spouse visa for my wife, who is not from the EU, without her having to pass the English language test ?

2 Or do I have to renounce my British nationality and apply only as an Italian citizen, to be able to do this ?

3 A legal adviser discussed this issue with me but I was unclear about one point. I think the legal adviser said if I wanted to bring my non-EU spouse into the country as an EU citizen I would have to be married to her for two years at least. My adviser might have been referring to having lived together for at least two years. If anyone can clarify my understanding of this, I would gladly buy them some sweets.

Great site !

[seagul]

As per common sense if a person is allowed to hold both nationality i.e British & Italian nationalities as in your case then the person is covered under both regulations like British & EU. So in past before brexit even post brexit vote the family members of EU national like wife has to meet comparatively a lot less requirements than British family members. Maybe that one is still allowed and under EU regulations you can sponsor your partner without even needing to wait next 2 years.

[Casa]

1 If I have British / Italian joint nationality,[/i] am I able to apply for a spouse visa for my wife, who is not from the EU, without her having to pass the English language test ? No, as for Immigration purposes you are only considered to be British.

2 Or do I have to renounce my British nationality and apply only as an Italian citizen, to be able to do this ? Not recommended with Brexit on the near horizon.

3 A legal adviser discussed this issue with me but I was unclear about one point. I think the legal adviser said if I wanted to bring my non-EU spouse into the country as an EU citizen I would have to be married to her for two years at least. My adviser might have been referring to having lived together for at least two years. If anyone can clarify my understanding of this, I would gladly buy them some sweets. Either you or your legal adviser are confused. The 2 year co-habitation rule only applies to couples applying as unmarried partners. Neither is there a requirement for you to be married for any length of time before applying under either the EEA or UK Immigration Rules. However, see answer to No 1 above.

Great site !

[Casa]

1 If I have British / Italian joint nationality,[/i] am I able to apply for a spouse visa for my wife, who is not from the EU, without her having to pass the English language test ? No, as for Immigration purposes you are only considered to be British.

2 Or do I have to renounce my British nationality and apply only as an Italian citizen, to be able to do this ? Not recommended with Brexit on the near horizon.

3 A legal adviser discussed this issue with me but I was unclear about one point. I think the legal adviser said if I wanted to bring my non-EU spouse into the country as an EU citizen I would have to be married to her for two years at least. My adviser might have been referring to having lived together for at least two years. If anyone can clarify my understanding of this, I would gladly buy them some sweets. Either you or your legal adviser are confused. The 2 year co-habitation rule only applies to couples applying as unmarried partners. Neither is there a requirement for you to be married for any length of time before applying under either the EEA or UK Immigration Rules. However, see answer to No 1 above.

Great site !

@seagul Please note my response to point No 1.

[seagul]

1 If I have British / Italian joint nationality,[/i] am I able to apply for a spouse visa for my wife, who is not from the EU, without her having to pass the English language test ? No, as for Immigration purposes you are only considered to be British.

2 Or do I have to renounce my British nationality and apply only as an Italian citizen, to be able to do this ? Not recommended with Brexit on the near horizon.

3 A legal adviser discussed this issue with me but I was unclear about one point. I think the legal adviser said if I wanted to bring my non-EU spouse into the country as an EU citizen I would have to be married to her for two years at least. My adviser might have been referring to having lived together for at least two years. If anyone can clarify my understanding of this, I would gladly buy them some sweets. Either you or your legal adviser are confused. The 2 year co-habitation rule only applies to couples applying as unmarried partners. Neither is there a requirement for you to be married for any length of time before applying under either the EEA or UK Immigration Rules. However, see answer to No 1 above.

Great site !

@seagul Please note my response to point No 1.

[Bambino-fred]

Thanks seagul and casa for your informative responses which I will carefully note and act upon.

Casa, thanks for the warning about giving up UK nationality, but I also looked up the possibility of regaining UK nationality after renouncing it and it would seem that I would be able to regain UK nationality. Therefore it would make sense for me to consider doing this because of how difficult it is for my partner to pass the English test.

Off the top of your head, what are the most serious consequences of giving up UK citizenship (also taking into account Brexit) ?

Thanks again.

[Casa]

Thanks seagul and casa for your informative responses which I will carefully note and act upon.

Casa, thanks for the warning about giving up UK nationality, but I also looked up the possibility of regaining UK nationality after renouncing it and it would seem that I would be able to regain UK nationality. Therefore it would make sense for me to consider doing this because of how difficult it is for my partner to pass the English test.

Off the top of your head, what are the most serious consequences of giving up UK citizenship (also taking into account Brexit) ?

Thanks again.

Regarding re-registration after previously renouncing British citizenship, I think the devil is in the detail...Note the following paragraph in the guide to form RS1

"Evidence that if you had not made a declaration of renunciation you would have lost or failed to acquire the citizenship or nationality of another country."

https://www.gov.uk/government/uploads/s ... r_2015.pdf