EEA Treaty Rights exercised husband coming but..............

[cb1964]

I am from Northern Ireland, and therefore have dual nationality. I exercised my EEA treaty rights as an Irish citizen to make it easier (hmm) for my husband to join me in the UK.

I realise it takes a shorter period of time for my husband to obtain residency if I use my UK citizenship (2 years), as opposed to 4/5 years if I am considered an EEA citizen.

My question is - Would I be causing loads of problems for us if he applies with me as a UK citizen, rather than as an Irish National?



Thanks

[Docterror]

What exactly do you mean by 'loads of problems'?

[VictoriaS]

If he is already in the UK as your dependent under EEA rules then you can't make the application after two years based on UK rules. So, if he is already here, it might be easier to just keep on the same route.

If he is overseas, well, in the long term going the UK route is less problematic. I would only advise someone in your (enviable!) position to apply under EEA rules if you can't afford the fees or don't meet the criteria under the UK rules.

Both routes have good and bad points.

Victoria

[cb1964]

[quote="Docterror"]What exactly do you mean by 'loads of problems'?[/quote]

I apologise for not quantifying the words 'loads of problems'.

Would it cause any issues (don't ask me to clarify issues) if my husband arrives here as the spouse of an Irish National (exercising EEA Treaty Rights - Our appeal was heard and upheld, he just has to get his passport stamped) and then after he arrives he applies to stay with me using my UK citizenship.

Thanks

Victoria - Thanks for the response

[Docterror]

cb1964, If he is issued an EEAFP, I am sorry bt he will not be able to switch to the Spouse visa under the UK Immigration rules. He will have to continue and apply for the Residence card using the EEA2.

But, I personally think that you got the better of both worlds as the good news is that once he has completed a total of 3 years of residence in UK, then you can use your UK citizenship to help him naturalise as British using the Ppron method, thus saving the ILR fees and also saves having to wait for 5 years to obtain PR/ILR. Plus you save yourself the hassle of going through the stringent UK rules!

Search away the 'ppron method' in this board using the search facility for next step.

[yankeegirl]

Do you currently live in northern Ireland? If so, I want to add that after 3 years of being married to an Irish citizen and residing on the island of Ireland (including Northern Ireland) your husband will also be eligible to apply for Irish citizenship. At the moment the Irish government are taking an obscene length of time to process applications (3 years!) but hopefully it will be quicker if/when your husband chooses to apply.

Doctorrer is right; once in the UK you can't switch from EU to UK immigration rules. The main difference is that under UK rules, he would be eligible for ILR after 2 years and British citizenship after 3. EU rules it's usually PR after 5 years and British citizenship one year after that. However, if you opt to remain on the EU track, your husband still could apply for British citizenship after 3 years using the "ppron method" as Doctorrer mentioned. So, in your particular case, there really isn't much of a difference.

[cb1964]

[quote="yankeegirl"]Do you currently live in northern Ireland? If so, I want to add that after 3 years of being married to an Irish citizen and residing on the island of Ireland (including Northern Ireland) your husband will also be eligible to apply for Irish citizenship. At the moment the Irish government are taking an obscene length of time to process applications (3 years!) but hopefully it will be quicker if/when your husband chooses to apply.

Doctorrer is right; once in the UK you can't switch from EU to UK immigration rules. The main difference is that under UK rules, he would be eligible for ILR after 2 years and British citizenship after 3. EU rules it's usually PR after 5 years and British citizenship one year after that. However, if you opt to remain on the EU track, your husband still could apply for British citizenship after 3 years using the "ppron method" as Doctorrer mentioned. So, in your particular case, there really isn't much of a difference.[/quote]

No, we're living in England. I moved here a number of years ago and it is where our business is. We'll probably just take the 5 year route. Am I correct in thinking that as he arrived here as the spouse of an EEA national that in month 5 of his initial 6 month visa he then applies for a 5 year whatever on form EEA2?

Thanks

[yankeegirl]

You can apply for the Residence Card at any time within the six month period after he enters the UK.