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British Citizen/Dual Nationality - EEA FP & RESIDENCY

Posted: Wed Mar 14, 2012 9:38 pm
by poureka
Hiya all,

Just a little question I would like an answer too :)

I am a British Citizen (UK passport holder ONLY but have ID Card for another EU Country due to dual nationality). If I apply for EEA FP for my spouse as an EU National ,once I arrive in the UK do I need to apply for 5 year residency permit because I applied as an EU National OR can I live normally as a British Citizen without it affecting my husband's status or application for EEA2?

Thanks, any advice appreciated.

Re: British Citizen/Dual Nationality - EEA FP & RESIDEN

Posted: Wed Mar 14, 2012 10:25 pm
by EUsmileWEallsmile
poureka wrote:Hiya all,

Just a little question I would like an answer too :)

I am a British Citizen (UK passport holder ONLY but have ID Card for another EU Country due to dual nationality). If I apply for EEA FP for my spouse as an EU National ,once I arrive in the UK do I need to apply for 5 year residency permit because I applied as an EU National OR can I live normally as a British Citizen without it affecting my husband's status or application for EEA2?

Thanks, any advice appreciated.
This all depends on your circumstances. In general,

UK Nationals: If a UK national works in another EU state and then decides to relocate back to the UK, then they can rely on EU law to return to the UK (and can live normally as a British citizen as you put it).

EU Nationals (not UK): The UK does not insist that and EU national applies for a 5 year residence permit (actually it would be called a certificate of residence).

Posted: Thu Mar 15, 2012 12:26 am
by poureka
Thanks :)

Re: British Citizen/Dual Nationality - EEA FP & RESIDEN

Posted: Thu Mar 15, 2012 1:34 am
by MelC
poureka wrote:Hiya all,

Just a little question I would like an answer too :)

I am a British Citizen (UK passport holder ONLY but have ID Card for another EU Country due to dual nationality). If I apply for EEA FP for my spouse as an EU National ,once I arrive in the UK do I need to apply for 5 year residency permit because I applied as an EU National OR can I live normally as a British Citizen without it affecting my husband's status or application for EEA2?

Thanks, any advice appreciated.
assuming that you are not in the UK, which your posts says, but you ARE within the EEA and not outside of the EEA completely ~
you would return to the UK under the "surinder singh route" and apply for nothing, as nothing is issued to brit cits (no registration certificate) your spouse would apply for a residence card.

is your spouse outside of the UK?

Re: British Citizen/Dual Nationality - EEA FP & RESIDEN

Posted: Thu Mar 15, 2012 6:48 am
by ca.funke
Hi poureka,
poureka wrote:...UK passport holder ONLY but have ID Card for another EU Country due to dual nationality...
Doesn´t matter which passports/IDs you have. What matters is that you are a dual-national. See difference of >>nationality vs passport<<.

For your spouse it´s important to apply via the EEA-rules, as the EEA-rules are more favourable compared to British national rules.

Whether you do this through Surinder Singh or through your second nationality shouldn´t really matter.

Rgds,
Christian

Posted: Thu Mar 15, 2012 7:20 am
by Jambo
You should be aware that although the UK spouse visa is costly and has more requirements to meet, it does offer a shorter path to citizenship, if this is something you consider (3 years compared to 5 years using the EEA route although the government is thinking of changing that).

Posted: Tue Mar 20, 2012 9:39 am
by poureka
Hi guys, sorry for the late reply. We are currently living in Cyprus (EU) and he has all legal paperwork for Cyprus.

Just to clarify:

1. We can apply for EEA FP on my cypriot ID card and once in the UK he applies for residency card and I need not do anything.

2. Can we apply for spouse visa and both remain in Cyprus until it is issued? Will it be easier considering my spouse is already living in an EU Country and legal in the EU?

3. Once in the UK is there a time limit on me or my spouse finding a job in order to remain in the UK?