Dual Nationality EEA Route

[Dim]

Hi,

I have dual nationality British and Greek (European, for the moment ). I live and work in the UK. My wife is Nigerian and currently lives and works in Athens, Greece. We have applied for a spouse visa but we made an error in the application so it now is in the appeal process and it is taking ages.
Can we apply for EEA Family Permit for her to come and visit me in the UK in the meantime, until the spouse visa is granted?
Is it worth trying?

Regards

[Dim]

I read the UKBA advice on EEA Family Permit and in particular:

EUN2.16 Can family members of dual British / Irish nationals qualify for an EEA family permit?

It mentions that:
"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. This is regardless of whether or not they hold dual nationality with another member state. This means that family members are also unable to derive a right of residence under the Directive on their basis of their relationship to such a national. British citizens can only acquire free movement rights in certain scenarios and so are in general prevented from circumventing the requirements of the Immigration Rules when sponsoring entry to the UK of family members."

I have lived in Greece at different times in my life and also worked there and, as is required, completed my National Service. So, I think that I have exercised my Right of Free Movement?

P.S. I have both British and Greek Nationalities since birth.

[vinny]

Did you live with your wife in Greece, when you were working there?

Moreover, if you are Greek, then can you exercise treaty rights in Greece?

[Dim]

Hi Vinny,

No, I met my wife while I was in the UK in 2010 and we got married this Jan, in Greece. The last time I lived in Greece permanently was in Feb 2005.

I guess since I am Greek I will not be exercising treaty rights in Greece, same as I'm not exercising them in the UK as a British national?

I was hoping for a loophole I guess!

[Obie]

You should be fine, even reading McCarthy at its most restrictive.

She has lived with you in Greece, both your Greek and British Nationality could be in play.

You could apply for an EEA family permit, and if it get refused, you could address that in your ongoing appeal, rather than pursuing a new appeal.

Also, you can seek entry at the french port with your wife.

Not sure a airline will allow your wife to board a UK bound flight without an EEA family permit.

[Dim]

Obie,

The current appeal we have is for a UK spouse visa (the UKBA have been notified by the Tribunal and they have until 31 Oct to prepare/reply)

If we apply for an EEA Family Permit, do you think it might affect the ECM review? We are hoping the ECM will overturn the original decision since I earn more than £18,600 and have done for 4 years, we just didn't send enough proof. (It was only refused on these grounds)

I know this is a bit of a tricky question! Unless these are dealt by different departments and the ECM dealing with the review doesn't get to see an EEA FP application!

Thanks for your help!