Questions about EEA Family permit.

Hi everyone,

I'm sorry I have so many questions but so many of you seem a lot better at this than I am. I have a bit of trouble working out exactly what government literature is actually getting at and end up thinking "Sally went to the market on Tuesday and bought four apples, on Thursday she gave John an orange. How many mangoes does she have?"

Anyway, I was lamenting the pending separation of my family while I work on the financial requirement, and saying that it is messed up that only British citizens have to jump through these hoops and non-UK EU citizens don't. It was at that point my mum reminded me that seeing as I get my British citizenship through her, and she's from Northern Ireland, I am equally eligible for Irish citizenship.

Can anyone tell me what I can expect, or even if it's wise to claim Irish citizenship and enter the UK on that passport, and have my partner apply for an EEA family permit? Would I have to obtain a visa also or would I be free to work? And would it get really confusing and contrived if I technically had to apply for a leave to remain... but I'm already a British citizen?

It sounds like a confusing loophole but one I'm definitely interested in learning more about.

Thanks!

You would need to renounce your British citizenship.

I wouldn't have to simply to hold citizenship in all three countries, but I could see how I might have to in order to make that situation work. I suppose there's no easy loophole then. Worth a try!

Well, if you renounce your British citizenship, then you can move to the UK using your Irish citizenship and exercising your rights to live in the UK.  Boston Diner is Irish, hopefully she can come along and give you a better idea of restrictions and such on being Irish in the UK.  I believe there are some now (I think you have to pay for medical care?).

It can be done, but no, there is no easy way to move here.  The climate is very anti-immigration at the moment (even towards British citizens returning).   

It sounds like a confusing loophole but one I'm definitely interested in learning more about.

It got closed on the back of the UK v McCarthy ruling in the EU courts, as too many were doing it. EU law was changed for EUs in the UK to,  if you are a Brit then you can't be another citizenship for immigration purposes.

Well, if you renounce your British citizenship, then you can move to the UK using your Irish citizenship and exercising your rights to live in the UK.

Think carefully about whether you would mind never having British citizenship again as you might not be allowed this again after you renounced it, especailly if they think you did this to get around UK laws. Being granted British citizenship is discretionary, not a right.

If you give up your British citizenship to bring a non-EU to the UK you would have to exercising treaty rights at all times as a qualified person for him to continue to have a right to reside in the UK, it's not just a case of living in the UK.

EU citizens must either be a worker, jobseeker (limit 6 months), student with private health insurance to pay the NHS and can't have UK benefits, self sufficient who entered with several thousand pounds with private health insurance to pay the NHS and can't have UK benefits. You would also need to keep up to date and comply with all the changes the UK keeps making for EU citizens.

I think the Irish can use the NHS for free if they prove they are residing in the UK even if they aren't working, but if that happened your partner would need private insurance to pay the NHS as he isn't an Irish citizen and you would have a limited time to find a job so that he could continue to have a right to reside in the UK.

The EU permit he would get when he entered the UK only remains valid if the EU citizen remains a qualified person. The end date of that permit doesn't really mean anything as the permit becomes invalid if the EU citizen stops being a qualified person.

If you could manage to be a qualified person continously for 5 years (and the UK need proof that you have) and the UK doesn't vote to leave the EU in 2017, then he would have PR in the UK after 5 years and a year later he could apply for British citizenship. Whether you could receive Brtish citizenship after you had renounced it, would be at the discretion of the Home Secreatary.

Thank you for breaking it down so well, Sirius.

I would definitely take the time to go the route of obtaining financial requirement and hold onto my British citizenship over renouncing it and trying to cobble everything together after that, doesn't seem worth it.

Back to the grind on that then!

Definitely the wise choice!