Dual nationality NI(uk)/Irish and non-eea (usa): Success!

[cyaneidae]

CC, you seem quite convinced that renouncing British citizenship would be a legitimate and effective option. I'm in a similarly complicated dual-nationality situation, and am seriously considering renouncing. Do you know how long it generally takes the HO to process an application to renounce citizenship? Are there any success stories of people having renounced UK citizenship to secure an EEA FP for their spouse?

[chaoclive]

I've read the story of one guy renouncing his British citizenship and his wife then getting an EEA FP so it can work. I have tried loads of times to find the post but can't get it...it may have been on here or on British Expat...not sure. I read that it took him about 2 months to receive the acknowledgment from the Home Office.

Of course, there is no possible way the British Embassy can possibly say that you are not entitled to an EEA FP for your family member....as you are NOT British any more.

Anyway, I'm of the view that if you lie on the EEA2 application form and get found out it's much worse than rejecting your British citizenship. I guess it's up to the person involved. I have no affinity to the UK any more (I used to have) and only have not renounced my BC as my Chinese work visa is in the British passport and to change this to the Irish passport would require me to go back to Dublin and start the whole visa process again...no thanks! Hassle...

Therefore, being a dual citizen (including British) means that you have extra hassle...formally rejecting the BC means that you are not British....therefore, you can't be rejected. If you were suspected as having both citizenships, you would show them the proof of renunciation.

[ciaran1]

CC,

Do you know of any disadvantages or loss of benefits such as a U.K. state pension or access to free healthcare that would result from renouncing British citizenship and then living in Belfast with Irish only citizenship? I'm a little reluctant to opt for renouncing of British citizenship (even though I don't have a current British passport or ever intend to renew it) if later in life it came back to bite me. I think it would very much need to be a well informed decision before formally renouncing British citizenship.

Also if its going to be this much hassle to obtain an EEA FP and the subsequent U.K. residence card via the EEA 2 application why bother? How much more difficult would it be to simply apply as a British citizen (after I renew my British passport) for a U.K. residence visa for my non EEA wife of 4 years?

Final question - in your opinion would it better to obtain the assistance of an immigration lawyer just to make sure everything gets done properly? I'm wondering what the cost might be for this and if it would be worth it versus taking the risk of incorrectly completing an application which could have lasting negative consequences?

[chaoclive]

As things stand at the moment, there are thousands of N. Irish people who only have Irish citizenship; they get on quite well! Irish people are automatically recognized as settled in the UK (at least at present), so I don't think there would be a problem.

Having said that, I'm not really worried about these aspects as the purpose of my move is unrelated to any of these things. You might want to seek some professional advice, e.g. from the Law Centre NI before renouncing (if you're worried about this kinda stuff).

I don't think that a lawyer is necessary. I don't plan to use one. The application form is straightforward. What you can do first is to register a 'fake' application form ID (remember that your email address can only be used for one application at a time) online and go through the application form (not submitting of course). Make a note of the questions you find difficult and ask questions on this (or other) forums.

As far as I know, there aren't negative consequences...you just change the situation and apply again. BUT, your British citizenship may be an issue big enough to ensure you 1) don't get the residence card or 2) get taken to court.

[chaoclive]

Out of curiosity, did the OP apply for a residence card (EEA2)? Any issues with that so far?

[jbminger]

Good question, we are still in the usa. We will be moving to the NI at the end of May. I will be sure to follow up this thread and post my experience after submitting for a residence card (EEA2).

[chaoclive]

Cool. Thx for that jbminger!

[ciaran1]

Update on the McCarthy case:

ECJ opinion says UK deprived Irishman's wife of rights under free movement
http://www.rte.ie/news/2014/0520/618474 ... -mccarthy/

[dreamcatchering]

Hi jbminger,

I'm keen to know if you sent in your EEA2 application or not yet. I'm in a situation similar to you right now, and to be honest I'm completely confused as to whether I should go down the Surinder Singh route or not.

I'm Irish/British and my husband is American. I was born in the UK but moved to Ireland when I was 4 years old and so have basically spent my whole life in Ireland (25 years of it anyway!). My husband lived with me in Dublin for 1.5 years (he had a GNIB card) before we decided to move to the UK this year due to a job opportunity.

We have the EEA1 FP already (we used my Irish passport and had no issues), and so now we are in the UK we were going to apply for the EEA2 RC. I consider myself Irish, and only happen to be British because I was born there really. It hadn't occurred to me that the dual citizen thing was an issue until I started reading up about the McCarthy/Singh cases - and I'm certainly glad I did before sending in the application now! I wonder if I should actually apply via the Singh route instead because of the dual nationality issue, or if the fact I've spent so long in Ireland means it doesn't really matter.

I was wondering what route you took with the EEA2 application if you have sent it yet? Would be useful to know if you just mentioned your wifes dual nationality, or specifically went down the Singh route (or maybe you did this already with the FP)? I see a whole extra section in the EAA2 application especially for it!

Thanks in advance!

[jbminger]

Update -

We arrived in Northern Ireland on May 29th via Dublin. I showed the Garda my EEA Family Permit. (they also stamped my passport as well allowing me to stay in the Republic of Ireland for 90 days, with the ability to register at GNIB (as my wife is Irish))

Since we arrived I have registered at the local GP and had an interview at the Jobs Centre to apply for a National Insurance Number. I applied for the NIN about 3 weeks ago and I am still waiting for it to be issued. I'm told it will take another 1-3weeks.

The UKVI received my EEA2 application today. I also requested our passports back today. When filling out the EEA2 application, I ticked the box in section 5 that stated I had entered the UK with a valid EEA FP issued under the Surinder Singh judgement and skipped to section 10 as instructed.

Although we are currently living in N. Ireland with my wife's family, I was offered a job in Brighton and so we will most likely move there soon!

[jbminger]

Update:

Received a letter from the Home Office today in the post dated 01/07/2014. It states that the Form EEA2 has been received and will be passed to a casework unit to await consideration. This is not the Certificate of Application letter, which of course, is meant to be issued immediately. I would like to see a timeframe, ie within 3 days, as immediately is obviously open to interpretation by the HO.

[jbminger]

Received the CoA today in the post with right to work - dated July 9th.

[jbminger]

Requested passports back today in order to open bank account so I can be paid for work that will start on 23/7/14

[stupot]

Hi jbminger,

I was out of the forum for a while there and just caught up on the thread. Glad to hear you made it over and that things have been going well. Did you get your passports back OK and how's the job going?

[jbminger]

hello,

Things are going well at the new job, we're living in Brighton. Got the passports back, still waiting on the RC card though. I feel like it should show up any day, as some others have reported on the EEA2 timeline that they've received their RCs and had submitted an application about a week before me. We'll see..

[jbminger]

Success, finally!

To conclude, again thanks for everyone's help and advice:

Timeline:
17/10/13 - Issued family permit (Surinder Singh route)
29/5/14 - Entered Northern Ireland via Dublin
30/6/14 - UKVI received EEA2 application
15/7/14 - Received CoA with Right to Work (dated 9/7/14)
13/9/14 - EEA2 application refused
18/9/14 - UKVI Received “Letter of reconsideration
1/10/14 - Received Letter from UKVI that my application has been reconsidered and that "you are going to be issued with a residence card" It asks me to forward them my passport so they can issue the vignette.
7/10/14 - UKVI Receive passport
11/10/14 - Received EEA2 Residence Card in passport - issued on 8/10/14

[stupot]

Success, finally!

To conclude, again thanks for everyone's help and advice:

Timeline:
17/10/13 - Issued family permit (Surinder Singh route)
29/5/14 - Entered Northern Ireland via Dublin
30/6/14 - UKVI received EEA2 application
15/7/14 - Received CoA with Right to Work (dated 9/7/14)
13/9/14 - EEA2 application refused
18/9/14 - UKVI Received “Letter of reconsideration
1/10/14 - Received Letter from UKVI that my application has been reconsidered and that "you are going to be issued with a residence card" It asks me to forward them my passport so they can issue the vignette.
7/10/14 - UKVI Receive passport
11/10/14 - Received EEA2 Residence Card in passport - issued on 8/10/14

Congrats!

[jenfm]

Hi jbminger

I was just wondering why did they refuse your eea2 application the 1st time?did they explain why?what steps did you take to get it in the end? We are in the same boat,dual Brit/irish from ni,got COA in Nov and still waiting!

Thanks

J