EEA National EU Family Permit- Dual National

[ThaiVisaExpress]

We just applied for a client whom was a dual national who relinquished his British Citizenship after various emails from myself & some 3 weeks later they issued the EEA Permit.The UK/BA kept requesting additional documents & I challenged them as to why they required these documents ?

• Evidence of JSA was included with the application & various other documents

We then reminded the embassy of the following : An EEA National can turn up at the embassy in person & you must deal with them as a matter of urgency.The applicant also has the right of direct access to the embassy & if you cannot justify this continued delay then the applicant & I wish to make an appointment to see the visa officer with the applicant.

The visa was then issued the very next day to our clients, he certainly did not qualify under the new financial requirements.

[Tony M]

This was interesting. As I understand it, up until last year a dual Irish/British national could apply for an EEA Family Permit for his spouse under the EEA Free Movement provisions ( an Irish national living in another EEA country). However, the UKBA changed the law (closed a loophole) to exclude these dual citizens (only Irish/British dual nationals) on the grounds that they had never actually used their "free movement", never having lived outside of the UK.

In this particular case, the sponsor renounced his British nationality in order to bring his non-EU ( Thai ) wife to the UK on an EEA family Permit. I don't think the UKBA in Bangkok were impressed by Thai Visa Express's ingenuity, but they had no option but to issue the Family Permit.

[AnotherOneAmerican]

Well done chaps!

[Jay Sata]

What about rights to pension etc for a UK national who goes down that route?

[Tony M]

What about rights to pension etc for a UK national who goes down that route?

This is a visa forum. Try DWP.

Edited June 26, 2013 by Tony M

[AnotherOneAmerican]

What about rights to pension etc for a UK national who goes down that route?

UK pension is dependent on NI payments, not nationality.

[howerde]

Just a point, these rules apply to all dual british/european people not just British /Irish.

[Tony M]

Just a point, these rules apply to all dual british/european people not just British /Irish.

You are 100% correct. My apologies for saying it only affected Irish nationals.

[7by7]

I thought it's not just dual British/EEA nationals but all who hold two or more EEA nationalities wishing to live in one of the states of which they are a national.

I also thought it was the ECJ which closed this loophole; the UKBA were just slow on implementing the ruling.

Am I thinking wrongly?

[howerde]

I'll have to have another look, but thought it only affected dual british/european, i believe i am correct in thinking that there is a challenge to the british/irish rule in light of the good friday agreement.

But have read that quite a few are just dropping the british citizenship. As it makes little difference to living/working in the Uk

[7by7]

Obviously, as we're talking about the UK then we are going to be concerned with dual British and other EEA stat nationality.

The ECG does say

The McCarthy judgment determined that a person who holds the nationality of the host Member State (in our case British nationality) and has never exercised their right of free movement and residence does not benefit from the terms of the Free Movement Directive

(My emphasis)

Looking at the judgement itself (McCarthy Vs. United Kingdom) it seems that it does apply to all those who hold two or more EEA nationalities.

If you don't want to wade through all the legalese in the judgement, here is a summary from Free Movement.

So, assuming I've read all that right then, for example, a person who holds dual German and French nationality cannot use their French nationality and the EEA regulations to bring their non EEA national spouse to live with them in Germany unless they have at some time in their life lived in France.

I think.

What's the Good Friday agreement got to do with it?

This is a two part agreement. Part one between all the political parties of Northern Ireland and part two between the British and Irish governments.

Nothing to do with freedom of movement rights within the EEA.

Edited June 29, 2013 by 7by7

[Jay Sata]

How long is some time?

So, assuming I've read all that right then, for example, a person who holds dual German and French nationality cannot use their French nationality and the EEA regulations to bring their non EEA national spouse to live with them in Germany unless they have at some time in their life lived in France.

[howerde]

Obviously, as we're talking about the UK then we are going to be concerned with dual British and other EEA stat nationality.

The ECG does say

The McCarthy judgment determined that a person who holds the nationality of the host Member State (in our case British nationality) and has never exercised their right of free movement and residence does not benefit from the terms of the Free Movement Directive

(My emphasis)

Looking at the judgement itself (McCarthy Vs. United Kingdom) it seems that it does apply to all those who hold two or more EEA nationalities.

If you don't want to wade through all the legalese in the judgement, here is a summary from Free Movement.

So, assuming I've read all that right then, for example, a person who holds dual German and French nationality cannot use their French nationality and the EEA regulations to bring their non EEA national spouse to live with them in Germany unless they have at some time in their life lived in France.

I think.

What's the Good Friday agreement got to do with it?

This is a two part agreement. Part one between all the political parties of Northern Ireland and part two between the British and Irish governments.

Nothing to do with freedom of movement rights within the EEA.

You are out of your depth Sir, anyone from N.Ireland who holds dual citizenship, and does want to give up their British citizenship(it is the quicker option) should contact an immigration advisor from there. or google eea forum. As i am from said country.

[7by7]

What are you talking about?

I am questioning your assertion that the Good Friday Agreement has anything to do with EEA freedom of movement regulations and the McCarthy judgement.

Instead of suggesting I Google another forum, maybe you could actually answer the question?