# UK Spouse Visas and EEA Treaty Rights



## thedaytripper (Aug 1, 2012)

Hi everyone, I needed some advise on the new spouse visa requirements and just happened to find this forum. 

My wife and I recently got married (14th July) and missed the date of the change in spouse visa requirements by a couple of weeks. My wife is a student and I alone do not earn £18,600. 

I met with a few lawyers and they all pretty much threw all my hopes out of the window for applying for the spouse visa. Essentially we are forced to spend some time apart before we meet the financial requirements. 

My question to you all is relating to EEA treaty rights as a UK citizen. Being a UK citizen and working in a European country is essentially exercising your EEA treaty rights, which in turn will enable me to apply for the EEA family permit with lesser constraints in comparison to the UK spouse visa. 

*How long does my wife have to work in Europe for her to effectively exercise her rights permitting me this route of application with minimal problems from the border agency?*

Thanks for all insight in advance


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## liam85 (May 24, 2012)

I don't think there is a "set time", 6 months seems to be the norm but you have to be living together and working in an EU country I believe.


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## thedaytripper (Aug 1, 2012)

Do I have to be working as well?


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## javierch (Aug 2, 2012)

You have to be the one exercising treaty rights for her to qualify that way but you can't exercice treaty rights in your own country ,so you have to work or be self-employed ,etc in another EU country really .


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## thedaytripper (Aug 1, 2012)

javierch said:


> You have to be the one exercising treaty rights for her to qualify that way but you can't exercice treaty rights in your own country ,so you have to work or be self-employed ,etc in another EU country really .


I am a bit confused. I am not an EEA nor UK, I can't exercise any treaty rights in an EU member state. 

My wife on the other hand is a UK citizen. If she is working in and EU state and I am living with her as well as actively looking for work, would this be sufficient on her part of exercising her rights for me to be able to apply for the EEA family permit upon her return to the UK ?

Thanks


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## javierch (Aug 2, 2012)

In that case she would be the one having to exercise treaty rights in another EU country and you will qualify to live with her in that country but not in the UK .To qualify in the UK she has to be from an EU country or have a passport from another EU country as well as the UK one..some people qualify to apply for a passport in other eu countries as well depending of family ancestors and countries rules .


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## thedaytripper (Aug 1, 2012)

Pretty sure treaty rights work both ways. I am just having trouble finding the actual rights set out in the treaty. UK citizens are also EEA once they exercise their rights. 

I still can't post links to other sites but here is a case that I have read about this:





FAMILY MEMBERS OF UK NATIONALS EXERCISING TREATY RIGHTS – NO TIME LIMIT APPLIES

10 December 2010

The Immigration (European Economic Area) Regulations 2006 implement in the United Kingdom the rights of "free movement" which are enjoyed by nationals of the countries which make up the European Economic Area (EEA).

The rights are known as "treaty rights" – because they were conferred by the Treaty establishing the European Community. The Regulations provide for the entry into and residence in the UK of all EEA nationals and their family members, reflecting the rights listed in the European Council's Directive 2004/38/EC – the Citizens' Directive.

Family members of EEA nationals working or studying in the UK are entitled to enter the UK with their EEA national family members and to live here for as long as their family members are exercising the right to work or study within any other EEA member state (including the UK). This means that people who aren't themselves EEA nationals but are the family members of people who are - can come to the UK without having to satisfy the requirements of the UK's Immigration Rules.

This creates the phenomenon whereby family members of (non-UK national) EEA nationals have far less challenging rights of entry and residence than the family members of British Citizens. They have to meet the requirements of the Immigration Rules relating to spouses, children and other dependant relatives.

*So how can British citizens turn themselves into EEA nationals in the eyes of the UK immigration authorities?
*
Back in 1992 the European Court of Justice (ECJ) concluded, in R v IAT and Surinder Singh ex parte Secretary of State for the Home Department (Case C 370/90) 7 July 1992, that when a British national travelled to another Member State of the European Union in order to work or in any other way to "exercise treaty rights" – he or she was entitled to re-enter and then to be joined by his or her family members, as if he were an EEA national.

This scenario is covered by Regulation 9 of the EEA Regulations, which enables the family members of a United Kingdom national to be treated as if they were the family members of an EEA national within the meaning of Article 2(1) of the Regulations, if the conditions in Regulation 9(2) are made out.

The Regulation 9(2) conditions are that:-

"a. The United Kingdom national is residing in an EEA State as a worker or self-employed person or was so residing before returning to the United Kingdom; and

b. If the family member of the United Kingdom national is his spouse……..the parties had entered into the marriage…and were living together in that (EEA) State before the United Kingdom national returned to the United Kingdom."

The question to be decided by the Asylum and Immigration Chamber of the Upper Tribunal in OB (Morocco) v Secretary of State for the Home Department [2010] UKUT 420 (IAC) was whether it mattered if there was a gap between the time the UK National spent working in the EEA state and his or her return to the UK.

The Appellant OB, a Moroccan national, resided with his wife in the *Republic of Ireland*, where she worked from November 2006 to April 2007. Then in July 2008 the Appellant's wife returned to live permanently in Northern Ireland. The Appellant joined her and in September 2008 he applied under the EEA Regulations for a residence card as the spouse of a UK national who had been exercising treaty rights.

His application was refused because the Secretary of State for the Home Department didn't believe that the Appellant's wife had been working in the Republic of Ireland. He appealed, and the Immigration Judge hearing his case accepted that the Appellant's wife had been working in Ireland and exercising treaty rights. However the Immigration Judge nonetheless dismissed the Appellant's appeal because of the gap of 13 months between when the Appellant's wife stopped working in Ireland and her return to the UK.

The Upper Tribunal has found that the Regulations did not contain any requirement that a person exercising treaty rights in another EEA state had to return to the UK within any period of time in order for his or her family members to be able to invoke Regulation 9. 

It considered European Union case law, in particular Eind (C-291/05) December 2007 and found that the case law did:

"…establish the principle that the right of entry afforded to the non-national spouse cannot be restrictively interpreted and Community law must be interpreted sufficiently broadly to promote the objective of ensuring protection for the family life of nationals of the Member States".

*The Tribunal allowed the Appellant's appeal and directed that he should be granted a residence card pursuant to Regulation 17.*

Gherson has a wealth of experience in European Cases and cases under the Association Agreements. Contact our EU lawyers if you need legal assistance with your case.


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## javierch (Aug 2, 2012)

you seem to be right but it doesnt say how long she has to be exercising treaty rights in another country though.... 
The Immigration (European Economic Area) Regulations 2006

Family members of United Kingdom nationals

9.—(1) If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who is the family member of a United Kingdom national as if the United Kingdom national were an EEA national.

(2) The conditions are that—

(a)the United Kingdom national is residing in an EEA State as a worker or self-employed person or was so residing before returning to the United Kingdom; and
(b)if the family member of the United Kingdom national is his spouse or civil partner, the parties are living together in the EEA State or had entered into the marriage or civil partnership and were living together in that State before the United Kingdom national returned to the United Kingdom.
(3) Where these Regulations apply to the family member of a United Kingdom national the United Kingdom national shall be treated as holding a valid passport issued by an EEA State for the purpose of the application of regulation 13 to that family member.


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## javierch (Aug 2, 2012)

you seem to be right but it doesnt say how long she has to be exercising treaty rights in another country though.... 
The Immigration (European Economic Area) Regulations 2006

Family members of United Kingdom nationals

9.—(1) If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who is the family member of a United Kingdom national as if the United Kingdom national were an EEA national.

(2) The conditions are that—

(a)the United Kingdom national is residing in an EEA State as a worker or self-employed person or was so residing before returning to the United Kingdom; and
(b)if the family member of the United Kingdom national is his spouse or civil partner, the parties are living together in the EEA State or had entered into the marriage or civil partnership and were living together in that State before the United Kingdom national returned to the United Kingdom.
(3) Where these Regulations apply to the family member of a United Kingdom national the United Kingdom national shall be treated as holding a valid passport issued by an EEA State for the purpose of the application of regulation 13 to that family member.


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## gbu (Apr 7, 2011)

thedaytripper said:


> I am a bit confused. I am not an EEA nor UK, I can't exercise any treaty rights in an EU member state.
> 
> My wife on the other hand is a UK citizen. If she is working in and EU state and I am living with her as well as actively looking for work, would this be sufficient on her part of exercising her rights for me to be able to apply for the EEA family permit upon her return to the UK ?
> 
> Thanks


Yes that would be sufficient, provided she was employed or self-employed for 3-6 months minimum. 
Your wife in fact exercises her treaty rights, not you. 
You do not need to look for work- you are a non-eu dependant of an eu national. 
When you arrive in the UK the 'hat' your wife is wearing is that oft an eu national. 
If you are a non-visa national you will need to apply for a Family Permit to enter the UK under Singh reg 9.
EEA2 application for 5-year Residence Card is not to be confused with/ the same as, a Family Permit and is applied for once you have arrived in the UK.


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## thedaytripper (Aug 1, 2012)

Would you be having a source to the formal rules of the treaty as I have received mixed information regarding the time period my wife needs to exercise her rights for. 

Also, could you please explain a bit more to me about the 2 permits that you mentioned and how do they differ. I currently live in UK on a PSW visa. 

Thanks for your help.


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## bluemoon82 (Aug 1, 2012)

My husband is also a UK citizen but he is unable to sponsor me for my spouse visa. I have got very little from what you people have stated above. The thing which I want to ask from you is that is it possible that my husband gets a work visa for any EU country like austria and starts working there? 

Now I am confused, can I join him in Austria? if yes then on what basis and how? and we live together and then we get a permit of five yeas to live in the UK for five years?

Please explain the things to me. I'll be really really grateful to you.


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## bluemoon82 (Aug 1, 2012)

I belong to an Asian country. What would be the conditions which will be applied on me?


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## gbu (Apr 7, 2011)

thedaytripper said:


> Would you be having a source to the formal rules of the treaty as I have received mixed information regarding the time period my wife needs to exercise her rights for.
> 
> Also, could you please explain a bit more to me about the 2 permits that you mentioned and how do they differ. I currently live in UK on a PSW visa.
> 
> Thanks for your help.


Pretty much what's been quoted in this thread. You just need to simplify and be clear in your mind about each stage of the process. 
Good luck.


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## ALKB (Jan 20, 2012)

bluemoon82 said:


> My husband is also a UK citizen but he is unable to sponsor me for my spouse visa. I have got very little from what you people have stated above. The thing which I want to ask from you is that is it possible that my husband gets a work visa for any EU country like austria and starts working there?
> 
> Now I am confused, can I join him in Austria? if yes then on what basis and how? and we live together and then we get a permit of five yeas to live in the UK for five years?
> 
> Please explain the things to me. I'll be really really grateful to you.


1. Your husband would need to find a job in an EU country (aside from UK, as he is a UK citizen) - Austria would be fine. 

2. You apply at the Austrian Embassy in Pakistan for a visa to join him.

3. You get your 5 year permit from Austria and live with your husband in Austria for a while (usually 3-6 months minimum as far as I heard).

4. You apply for entry clearance at the UK Embassy in Austria. 

5. You move to the UK.

6. You apply for your EEA family permit (valid 5 years).

Of course, you could also decide that you like Austria so much that you want to stay there 

Hope this helps.

EDIT: Please note that Gerrys is notoriously unaware of EEA rules and often refuse EEA applications. Something to be aware of if Gerrys is the handler for the Embassy you apply at.


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## gbu (Apr 7, 2011)

ALKB said:


> Of course, you could also decide that you like Austria so much that you want to stay there
> 
> Hope this helps.



True!


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## bluemoon82 (Aug 1, 2012)

Yes Gerry's handles all types of british visas in our country.


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## bluemoon82 (Aug 1, 2012)

And when I apply for the permit to live in UK, is it necessary that my husband has a job offer in UK or he can find job after we enter the country?


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## ALKB (Jan 20, 2012)

bluemoon82 said:


> And when I apply for the permit to live in UK, is it necessary that my husband has a job offer in UK or he can find job after we enter the country?


No, he can go as a jobseeker. Your entry clearance would read 'to accompany *insert name of your husband*'


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## ALKB (Jan 20, 2012)

bluemoon82 said:


> Yes Gerry's handles all types of british visas in our country.



Well, an Austrian visa is not a British visa. I haven't dealt with the Austrian Embassy in Pakistan and don't know whether they use Gerrys or not.

I have also heard that solicitors and 'immigration advisors' don't know much about the Surinder Singh Route or EEA in general, they are very much geared towards UK/US spouse, student and work visas, so be careful if you choose to go through an advisor.


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## Joppa (Sep 7, 2009)

ALKB said:


> 1. Your husband would need to find a job in an EU country (aside from UK, as he is a UK citizen) - Austria would be fine.
> 
> 2. You apply at the Austrian Embassy in Pakistan for a visa to join him.


Normally you just apply for short-term Schengen visa, and after arrival in Austria, convert it to a residence permit through the town hall or local foreigners' office. Get the rundown from the Austrian embassy/consulate.



> 3. You get your 5 year permit from Austria and live with your husband in Austria for a while (usually 3-6 months minimum as far as I heard).


More like a year's permit. No minimum residence is specified, but I'd say 6 months.



> 4. You apply for entry clearance at the UK Embassy in Austria.


This would be EEA family permit valid 6 months, and issued free. 



> 5. You move to the UK.
> 
> 6. You apply for your EEA family permit (valid 5 years).


You apply after arrival in UK for a residence card valid 5 years on form EEA2.


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## ALKB (Jan 20, 2012)

Joppa said:


> More like a year's permit. No minimum residence is specified, but I'd say 6 months.


Wouldn't Austria also issue her with a 5 year Aufenthaltskarte once she has arrived there on her short term Schengen visa?

This also suggests this:

https://www.help.gv.at/Portal.Node/hlpd/public/content/12/Seite.120830.html

Unless, of course, she mentions that she wants to leave soon-ish, which would probably not such a great idea?


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## Joppa (Sep 7, 2009)

ALKB said:


> Wouldn't Austria also issue her with a 5 year Aufenthaltskarte once she has arrived there on her short term Schengen visa?
> 
> This also suggests this:
> 
> ...


I don't know the specifics about Austria (have read your document cited), but in other EU states like France and Spain, initial residence permit for non-EU citizen is usually for a year, renewable. The idea is they can check up on their status each year, instead of just giving them a 5-year permit, which I don't think is mandated by EU. UK, for example, only grant a 6-month EEA family permit initially.


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## ALKB (Jan 20, 2012)

Joppa said:


> I don't know the specifics about Austria (have read your document cited), but in other EU states like France and Spain, initial residence permit for non-EU citizen is usually for a year, renewable. The idea is they can check up on their status each year, instead of just giving them a 5-year permit, which I don't think is mandated by EU. UK, for example, only grant a 6-month EEA family permit initially.


I thought so, too, because in Germany that is the normal practice for spouses of German citizens.

It turns out, Germany issues the Aufenthaltskarte for the full 5 years unless the applicant requests otherwise and Austria also seems to follow this.

The mind boggles 

Oh, I just saw this - yes, the UK grants a six-month-permit initially but that would be equivalent to the short term Schengen visa. The family permit granted when arrived in the UK is valid for five years, right? That would be the equivalent to the Aufenthaltskarte, as I understand it.


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## Joppa (Sep 7, 2009)

That may be so, but we are splitting hairs here.
Whether it's for a year or 5 years, all the OP needs is a right to residence, which they submit when applying for EEA family permit.


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## gbu (Apr 7, 2011)

ALKB said:


> The family permit granted when arrived in the UK is valid for five years, right? That would be the equivalent to the Aufenthaltskarte, as I understand it.


Don't get Family Permit and Residence Card mixed up. 
FP is for 6 months
RC = 5 years


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## bluemoon82 (Aug 1, 2012)

Thank you so much for such a useful information. . I also want to ask that what would be the job type. It can be of any type as far as it is full time job. He can work in a shop?


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## bluemoon82 (Aug 1, 2012)

You people are so so helpful. I really appreciate it.


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## bluemoon82 (Aug 1, 2012)

My cousin has a pizza shop in Austria, can my husband work at his food shop full time and then i get a family permit to go to Austria?


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## Joppa (Sep 7, 2009)

bluemoon82 said:


> My cousin has a pizza shop in Austria, can my husband work at his food shop full time and then i get a family permit to go to Austria?


That may be possible. Make sure it's a proper job with contract, tax deducted from pay, enrolling with social security etc. Ask at the Austrian consulate what you need - posibly a Schengen short-term visa followed by residence permit after arrival.


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## bluemoon82 (Aug 1, 2012)

Would my husband have to come to Pakistan first and then get work permit for Austria or he can get a work permit for Austria from UK too?


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## Joppa (Sep 7, 2009)

bluemoon82 said:


> Would my husband have to come to Pakistan first and then get work permit for Austria or he can get a work permit for Austria from UK too?


He doesn't need a work permit as he is a British citizen. Just his passport.
You, however, need a visa for Austria. Ask at the Austrian embassy/consulate. Probably a Schengen short-term visa followed by residence permit after arriving in Austria.


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## ashkevron (May 1, 2012)

bluemoon82 said:


> Would my husband have to come to Pakistan first and then get work permit for Austria or he can get a work permit for Austria from UK too?


That being said, I think I just read you mention somewhere that your husband has his own small business? Can he afford to just ignore it for 6 months and move to Austria?


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## bluemoon82 (Aug 1, 2012)

As he is not earning enough from his business and is not a registered self employee so i think, he won't have any difficulty in moving to another country.


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## bluemoon82 (Aug 1, 2012)

He and his mother both run the business so i think it won't be difficult for him if he leave the business for 6 months or more.


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## bluemoon82 (Aug 1, 2012)

Hey Joppa,

I am still confused. Lets consider that my husband goes to Austria for a job within few months and I join him in Austria too. What if the UKBA chages the rules of EEA treaty right and they do not allow me to get a family permit? Do you have any idea about the rules? . I am afraid.


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## Joppa (Sep 7, 2009)

bluemoon82 said:


> Hey Joppa,
> 
> I am still confused. Lets consider that my husband goes to Austria for a job within few months and I join him in Austria too. What if the UKBA chages the rules of EEA treaty right and they do not allow me to get a family permit? Do you have any idea about the rules? I am afraid.


That's unlikely. Surinder Singh rule (that's what you will be relying on) is as a result of a European court decision and UK government isn't at liberty to take away your rights established through it. Unless UK decides to leave EU!


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## bluemoon82 (Aug 1, 2012)

Thanks a lot for such a useful information.


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## chelsearob77 (Jan 18, 2013)

ALKB said:


> 1. Your husband would need to find a job in an EU country (aside from UK, as he is a UK citizen) - Austria would be fine.
> 
> 2. You apply at the Austrian Embassy in Pakistan for a visa to join him.
> 
> ...



I'm a British citizen currently living in Peru with my Peruvian wife & our two young children (who are already registered as British citizens) 

we are planing to to enter the UK via Ireland after residing there for 6 months or more, 
so would the above mentioned measures apply to my wife Ireland then to the UK?


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## ALKB (Jan 20, 2012)

chelsearob77 said:


> I'm a British citizen currently living in Peru with my Peruvian wife & our two young children (who are already registered as British citizens)
> 
> we are planing to to enter the UK via Ireland after residing there for 6 months or more,
> so would the above mentioned measures apply to my wife Ireland then to the UK?


Yes, as long a it is the Republic of Ireland and not Northern Ireland. 

Please note that you as the EEA spouse will have to exercise treaty rights during your stay in Ireland, which generally means you either need to work or study in Ireland.


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## chelsearob77 (Jan 18, 2013)

ALKB said:


> Yes, as long a it is the Republic of Ireland and not Northern Ireland.
> 
> Please note that you as the EEA spouse will have to exercise treaty rights during your stay in Ireland, which generally means you either need to work or study in Ireland.


I would need to exercise my treaty rights in Ireland?
I though I did that after we entered the UK 

The Irish embassy here in Peru told me my wife would need to apply for a visa first to enter Ireland
I thought the treaty rights was used for my wife to enter the UK after we have resided in Ireland for 6 months or more


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## CampoKid (Mar 29, 2012)

You need to prove you have been working or studying in Ireland, not just 'residing'.


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## Joppa (Sep 7, 2009)

ALKB said:


> Yes, as long a it is the Republic of Ireland and not Northern Ireland.
> 
> Please note that you as the EEA spouse will have to exercise treaty rights during your stay in Ireland, which generally means you either need to work or study in Ireland.


It must be work or self-employment (e.g. running a business), as you must be exercising *economic *treaty rights under Surinder Singh rule. And the work must be proper, not casual or under-the-table.


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## chelsearob77 (Jan 18, 2013)

I am now back in the United Kingdom & my wife has applied for a visa to enter Ireland so she is just waiting for that (we was told it can take up to 12 weeks & she is still in Peru with our children awaiting the visa to be granted)

Anyway I've another question my I am entitled to claim Irish citizenship though my Irish grandparents, 
So what I wanted to know is if I was to apply for Irish citizenship & got my Irish passport would I then be able to bring my Peruvian wife to the UK under the same EU law as an Irish citizen I am going to be using to have her enter Ireland under my British citizenship, or would the fact that I have British citizenship stop me from doing so?

Thanks


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## Joppa (Sep 7, 2009)

chelsearob77 said:


> I am now back in the United Kingdom & my wife has applied for a visa to enter Ireland so she is just waiting for that (we was told it can take up to 12 weeks & she is still in Peru with our children awaiting the visa to be granted)
> 
> Anyway I've another question my I am entitled to claim Irish citizenship though my Irish grandparents,
> So what I wanted to know is if I was to apply for Irish citizenship & got my Irish passport would I then be able to bring my Peruvian wife to the UK under the same EU law as an Irish citizen I am going to be using to have her enter Ireland under my British citizenship, or would the fact that I have British citizenship stop me from doing so?


The rules have changed last year and dual-nationals (like British/Irish citizens) can no longer be seen to be exercising EU treaty rights in the country they are a citizen of. So yes, being British as well will prevent you from sponsoring your family to come to UK under EU regulations. UKBA in Dublin will refuse to issue EEA family permit for them.


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## chelsearob77 (Jan 18, 2013)

Joppa said:


> The rules have changed last year and dual-nationals (like British/Irish citizens) can no longer be seen to be exercising EU treaty rights in the country they are a citizen of. So yes, being British as well will prevent you from sponsoring your family to come to UK under EU regulations. UKBA in Dublin will refuse to issue EEA family permit for them.


Ok thanks

so it looks like we will be sticking to going to Ireland first & residing there for at least six months before applying for a EEA family permit
it's only my wife & my step daughter when she joins us in Ireland at the end of this year that will require EEA family permit, our other two kids have British citizenship though myself

& for the record i haven't myself applied for my right to Irish citizenship, will it cause problems if i did then after the six months we apply for the EEA family permit having dual nationality?


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## Joppa (Sep 7, 2009)

chelsearob77 said:


> Ok thanks
> 
> so it looks like we will be sticking to going to Ireland first & residing there for at least six months before applying for a EEA family permit
> it's only my wife & my step daughter when she joins us in Ireland at the end of this year that will require EEA family permit, our other two kids have British citizenship though myself
> ...


Yes it will. The form asks for all your citizenships and having Irish nationality will disqualify you from getting EEA family permit.


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## chelsearob77 (Jan 18, 2013)

Another question I have is my wife will probably be flying into one of the airports in London with our kids when her Irish visa has been granted as it cheeper & I am currently here here in the UK so I will be meeting her at the airport, my plain is for us to then travel to Ireland via coach/ferry (land side) so what would my wife actually need visa wise? As we don't plain to be staying in the UK once she arrives but to go straight onto Ireland


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## Joppa (Sep 7, 2009)

She will need both UK and Irish visa, regardless of common travel area. Both countries have different immigration laws and having a visa for one doesn't necessarily allow you to enter another if a visa is required. The only way round it is to transfer to a flight to Ireland without first entering UK (i.e. staying airside). And if she says at UK border she will be travelling straight to Ireland, the lack of Irish visa may mean being denied entry into UK.


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## chelsearob77 (Jan 18, 2013)

Well she will have an Irish visa 

I did read something somewhere about certain nationals being allowed to enter the UK via transit as long as it was for no longer then 72 hours


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## chelsearob77 (Jan 18, 2013)

chelsearob77 said:


> Well she will have an Irish visa
> 
> I did read something somewhere about certain nationals being allowed to enter the UK via transit as long as it was for no longer then 72 hours


This section below is what i'm referring to on the K Border Agency page: UK Border Agency | Can you come to the UK as a visitor in transit?




Can you come to the UK as a visitor in transit?

This page explains whether you can come to the UK as a visitor in transit.

The 'visitor in transit' category is for nationals of countries outside Europe. If you are a national of the European Economic Area (EEA), or a family member of an EEA national, see the European nationals section.

If you will arrive on a flight, remain in the arrival lounge of the airport without passing through immigration control, and then depart on another flight from the same airport, you do not need to come here as a visitor in transit. This is called transiting airside. For more information, see the In transit through the UK section.

You can come to the UK as a visitor in transit if you will arrive in the UK, pass through immigration control and then leave the UK within 48 hours (or 24 hours if you are travelling under the 'travel without visa' concession - see the Do I need a visa? page). This is called transiting landside.

To come to the UK as a visitor in transit, you must be able to show that you:

are in transit to a final destination outside the Common Travel Area (Ireland, the UK, the Isle of Man and the Channel Islands);
intend and are able to proceed at once to another country; and
are assured of entry there; and
intend and are able to leave the UK within 48 hours (or 24 hours) .






So according to this my wife as long as she can prove she is actually in transit to Ireland (which she will have a visa to enter Ireland) & evidence of her landside journey (printouts of our coach journey to Ireland) then she shouldn't have any problems right?

plus like i said before our two young kids she will be traveling with both have British passports, so i for one would be very surprised if she was refused (especially having two British minors traveling with her)


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## Joppa (Sep 7, 2009)

This doesn't work in her case as her ultimate destination, Ireland, is in the common travel area. If it were allowed, it could be used as back-door entry into UK as there is normally no passport check between UK and Ireland, e.g. she could slip into Northern Ireland unhindered (border isn't patrolled) and then catch a flight or ferry to the British mainland evading immigration control and stay on as illegal immigrant.


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## chelsearob77 (Jan 18, 2013)

Ok then what type of visa would she (a Peruvian national) actually need to enter the UK & travel landslide with myself onto Ireland?


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## Joppa (Sep 7, 2009)

General visitor visa or transit visa.


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## chelsearob77 (Jan 18, 2013)

So a Short-term visit (up to 48 hours) Visa then right?


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## Joppa (Sep 7, 2009)

Or visitor in transit visa.


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