Now that I am back home and thinking of the best way forward for Joy's visa to the UK, and given recent Government talk about changes to the rules... I am thinking of claiming Irish Citizenship! Would you guys think it would be a good idea? Or even the best idea of a way forward?? Would the EEA family permit route work?
Welcome home mate Yeah I think you might as well give it a go nothing to lose particularly if they bring in these new rules soon.
Thanks Does anyone know how much easier the EEA route is compared to the Spouse Visa? I know for one thing it is free, which is a bonus.. Just wondering if it is easier in terms of evidence required as I would need to gather 6 bank statements going forward for a spouse visa. And would it work for dual citizenship?
OK Kuya, Please take a look at the UKBA page for EEA Family Permit for details of what it is and how to apply:- Look here also for some very good additional information on the EEA Family Permit. British citizens living in UK are not EEA nationals for the purpose of the European rules. That means that their family members don't qualify and need to apply under the national rules. There is a possible exception if the British citizen is exercising economic treaty rights in another EEA state whilst they and their family members live there. Technically, if British citizens also have another EEA citizenship their family members may be granted EEA family permits and residence cards under the European rules. The 'risk' for dual British/Irish citizens thinking of using this route is that The European Court of Justice has previously handed down it's ruling on this and has dismissed an appeal based on the case of McCarthy v Secretary of State for the Home Department -Case C-434/09 What this means is that dual nationals living in a country of their nationality who have never exercised free movement rights cannot rely on European rules. At the moment the Home Office MAY grant EEA family permits and residence cards to family members of persons in this situation. Kuya, please be aware that the status granted is not legally held, it is solely a policy decision by the Home Office and this could change at anytime. Just now it's a totally unpredictable situation. However the Home Office has allowed the family members of dual British/other EEA citizens to use the European route and still does. They have not yet responded to the McCarthy ruling in any way. They may do so at any time soon, or they may never do so, nobody knows. If the Home Office does in fact follow the McCarthy ruling it might be deemed unreasonable to appeal if your wife were refused, since the Home Office would be legally correct. You may seriously consider this route can still be worth the risk to apply, after all, there is no financial cost, BUT the waiting time is an unknown factor. The EEA family permit is principally a "right" and so in principle there is no need for the EEA national to have money, to have suitable accommodation, to have been married for more than a day or to have the spouse pass any English Language test. So no evidence at all, no bank statements no nothing. Another aspect to bear in mind that currently under the EEA familily permit your wife needs 5 years of UK residence to acquire UK permanent residence, (same as ILR), thenanother one year as a permanent resident in order to qualify for the naturalisation application. Mind you, that might also be the case for the regular spouse route after June 2012 if the govt introduces it's proposed changes. You'll need to do some reading of the above links and to also consider the risks vs benefits, no-one can advise or guide you it's solely down to you I hope this will help a little in your thinking. Let's keep this thread alive with ideas that can help others. After all it's a good route for non-Irish citizens also to think about moving to Ireland. Why not? At least the language is English so must be easier to find some accomodation and a small job than say Germany France Spain etc. Just an opinion
Kuya is aware of this ruling already having talked to him, but your knowledge of these subjects and your detailed postings are much appreciated mate! Very much indeed! He is aware that the Irish claim could be counter productive, for both kuya and myself it would appear that exercising free movement rights is the key, pain in the arse but it is the key! The really bad and sad thing about all this, is that only a few of us have a real option to exercise these rights, it is much easier for an eastern European to make a living in the UK than for a UK citizen to make a living elsewhere in Europe. Peter have you any idea if my employer asked me to move to Poland for 12 months but still paid me in the UK, if this would qualify for the "exercise of free movement" rule? Or would I have to arrange to be paid from somewhere else?
Thanks for the reply Peter. I am keeping the EEA family permit route open should new rules come into play regarding salary amounts. However, even though the UK spouse visa costs a lot of money and is prone to refusals (and is a pain to prepare for), if the rules regarding income do not change then I will still apply through that route simply because my job is secure and £800 is far better than leaving my job and home for another country. Oss, from what I have found out about the EEA route, you simply need to show employment (self or working for someone, though not casual work), housing (via a rental agreement) and bills. I have seen no mention of bank accounts and I think this is because you need all of the other requirements to get a bank account.. However, I know as I work for a national utility company that a lot of immigrants to the UK change names on energy accounts to assist themselves with ID and visa issues! So, I don't think it is a requirement, but it helps to get a Polish bank account if you work there..
Technically correct.!!! Just look at what Keithangel achieved by just owning a piece of real estate in Portugal... It may be more difficult in a different sort of way, language, etc, but I don't see a problem in using Poland as a gateway to your family reunification. They have to follow the same rules as other EU countries.
You have to live in the, €crud land rules, country you wish to bring your wife into and the Irish "Job's worth's" are worse than the Brit's. Tom
