SteveandGalina

Srry JAJ,

I don't understand what your comments mean - do you think that they will refuse me dual Citizenship if and when I do apply after twenty years or do you think that they should allow me to apply before then - you asked whether I thought that they were telling the truth - do you think that they are avoiding the issue until later or do you think that maybe I could apply successfully now?

JAJ

Maybe. Or maybe not.

Once again, see if you can find out if any other British citizens have become Maltese and work from there. They may publish statistics, etc.

You can always apply once you meet the legal residence and other requirements, worst that can happen is that they refuse.

Are you planning to remain in Malta long term?

carlossimon

To SteveandGalina,

You can for a UK Family Permit which at least is free to apply for and is multi-entry with 6 months validity.

You must tell the UK Embassy that you are working in Malta, thus activating EC treaty rights to free movement, you only have these rights as a British Citizen once you have left the UK and worked abroad. The relevant case law is from the ECJ case of Surinder Singh.

If you spent sufficient time back in the UK your spouse could exchange the family permit for a Residence Document, valid for 5 years and again multi-entry and free to apply for.

You need to check how much time you would be spending in the UK as it is supposed to be your main country of residence. However under these circumstances UK immigration are not supposed to stamp your spouses passport and Maltese immigration likewise, but not all immigration officers will acknowledge that!

Hope this is of some help.

SteveandGalina

Thanks Carlossimon

The interesting words are 'you only have these rights as a British Citizen once you have left the UK and worked abroad' - is your statement correct?

ie I left UK to work in Malta in 1993 and am still there - currently I run my own consultancy company but for the past six months have no current business. So...... having once worked abroad do I still qualify?

I seem to remember having a conversation with someone in the UK Embassy in Malta (it's not actually a full Embassy) and I was told that we could only apply for a UK family permit whilst I was working.

If I only get these rights while I am working then what happens when I reach retirement age or become out of work? Do I lose my EC treaty right to Free Movement?

Moving back to the UK for any length of time is not exactly an option that I like, especially if, as currently, there is not much work available - I don't like the weather nor the political situation and the cost of living is horrendous.

Thanks for your help

:-)

carlossimon

Hi, do a google search and read the Surinder Singh case, it may be useful.

Yes you do have the EC treaty rights as a British Citizen as long as you have worked in the EEA, once you cross the EU internal border (leaving Britain) you activate your EC treaty rights as an EEA national, its part of the right to free movement of goods and persons etc.

The UK government advice to visa officers notes that applicant who apply under UK rules but who appear to have rights to apply under EC treaty rules (that they are unaware of) should not be told of the possibility of the separate free application under EC rules for a Family Permit.

Read the Surinder Singh case anyway and see what you think.

Oh yes, your wife can qualify for the Family Permit if you are returning to the UK to look for work, so you don't have to have secured a job before you apply, the right to travel freely to seek work is part of the EC treaty right and your spouse is entitled to travel with you.

carlossimon

Oh yes as a British national whilst in the UK looking for work you can apply for a Residence Card which is issued free and has no expiry date, this is only issued to British nationals when they have worked in the EEA and returned to the UK.

JAJ

Do bear in mind that if this option is exercised to move to the UK, the non-EEA spouse has to wait longer for British citizenship.

This waiting time will become even longer under new citizenship rules from 2010/11.

The EEA permit has a "cult status" because of its advantages but many people don't want to know about the disadvantages. Processing times are also a lot longer.

He can sponsor for a UK spouse visa if the intention is to move to Britain.

SteveandGalina

Hi chaps - this is getting complicated and I fear that I don't understand :-)

I am born and bred Caucasian British of British parents grandparents etc. Why do I need a residence permit? Or are you saying that I can apply for a residence permit for my wife and this will not have an end date?

And, if this is the case, if we go back to the UK, how long before she can get this non ending res permit?

JAJ

You don't. Don't believe everything you are told.

If you go back to live in the UK, keep it simple, there is a spouse visa available:
http://www.ukvisas.gov.uk

meauxna

Now it's me who does not understand. How does this affect/impact/improve your statement?

SteveandGalina

Meauxna

The gentleman told me the following:

Oh yes as a British national whilst in the UK looking for work you can apply for a Residence Card which is issued free and has no expiry date, this is only issued to British nationals when they have worked in the EEA and returned to the UK.

Now as an English guy why should I need a Residence card??

So I thought that maybe he thought that I was not a true Brit - maybe a first generation Brit or whatever - I don't understand why he thinks that I need a Residence Card - presumably I can go back and live in UK whenever I like.

So the other possibility was that the 'non-ending' Residence Card was available for my wife - which would be good news.

meauxna

I appreciate that Steve; I don't think 'Caucasian' has anything to do with the outcome.
Perhaps there is an important part of UK immigration law I'm unaware of.

SteveandGalina

Hi meauxna, I was trying to indicate diplomatically that my parents didn't move to the UK from abroad sixty years ago - I don't understand why you think I need a Residence Card - so sorry but your statement confused me.

meauxna

Steve, I don't think you, a UK citizen, need a residence card to live in the US.

Bluntly, I don't think being Caucasian has anything to do with you being a UK citizen either.

SteveandGalina

Meuxna

What the heck has living in the US got to do with this - maybe you will kindly keep out of my conversation.

Thanks