EU4FAM and spouses of double-nationality EU citizen

[ashimashi]

Hi,

Interesting case here: I'm non-eu, married to an Irish/British citizen. As far as I know the Irish government does not issue EU4FAM to spouses of Irish residents (they gave me a 5-year stamp 4 with no hassle at all last time, based on marriage to an irish citizen - this was 2004, but not EU4Fam).

I was wondering if I could force them to give me a permanent residence card with EU4FAM instead, and just send my wife's British Passport and Birth Certificate. As a British citizen EU4Fam laws should be applicable to her, but they might say since she's Irish we can only apply for spouse of Irish. Obviously EU4Fam is preferable as it's a lot easier for travelling in Europe.

Mind you, I've applied in June 06 for citizenship, so hopefully by the time my current stamp 4 expires I'd have my citizenship, but who knows with this DoJ!

[Ben]

..I was wondering if I could force them to give me a permanent residence card with EU4FAM instead, and just send my wife's British Passport and Birth Certificate.

Yes. Assuming your wife is exercising a Treaty right in Ireland (employed / self-employed / student / self-sufficient), then EU law applies. You are entitled to permanent residency after 5 years of residence with her in the state. EU law applies because she is a British citizen. The fact that she is also an Irish citizen is irrelevant.

PS: No need to send your wife's birth cert - passport will do.

[yankeegirl]

Yes. Assuming your wife is exercising a Treaty right in Ireland (employed / self-employed / student / self-sufficient), then EU law applies. You are entitled to permanent residency after 5 years of residence with her in the state. EU law applies because she is a British citizen. The fact that she is also an Irish citizen is irrelevant.

You'd really have to check. I'm not sure if Ireland would have similar rules, but I know in the UK, once you choose an immigration path (EU vs. UK), you have to stick with it. For example, because my husband is Irish, we had the choice of me applying for a UK spouse visa or the EEA family permit. We opted for the EEA route. Now that I'm here on the residence card, I couldn't just switch to the spouse visa to obtain permanent residence/ILR more quickly. *If* i wanted to switch, I'd have to return home and start the process again from scratch.

I have no idea how Ireland would deal with it, but just wanted to let you know a "no-switching" rule might be a possibility. I any case, hopefully you'll have citizenship before too much longer!

[Ben]

The UK may not allow you to switch from the EU route the UK route - because it's their call. They (or any other Member State), could not, however, deny an EU citizen (or their family members) of their rights in accordance with EU law.