Adaam

Hi all,

I would love if someone could shed a light about this situation that im in.

Im a non EEA national married to a Dual Irish/British citizen (Held Irish Passport by Descent since her young age and British Citizenship by Birth).

I have been living in London for two years, entered the UK as a non EEA spouse of an EEA citizen (back in 2012, tho before the McCarthy amendments)

I since have applied twice for a residence card and was refused both times on the grounds that my wife wasn't a qualified person (although she only stopped work because of her having to give birth. I appealed the second refusal but I had to leave the UK before the appeal hearing date (as I had some problems back home and I had to call for my passport back) I have made a request for a voluntary leave from the UK and got my passport back, but the IO told me at the time, that I am banned to come to the UK for 12 months (as i paid for my own flight and left voluntarily).

My question now is :

If I apply again for a EEAFP, after my wife renounces her british citizenship, will I still be under the ban ?? Im asking this because I read on the UKBA website that
http://www.ukba.homeoffice.gov.uk/po.../ecg/rfl/rfl6/

If a non-EEA family member of an EEA national is applying for an EEA Family Permit under the Immigration (European Economic Area) Regulations 2006, they cannot be refused under Paragraph 320 of the Immigration Rules as their applications are not considered under the Rules (see EUN02 EEA Family permits for further guidance).

However, if they are applying under the Immigration Rules and not the EEA Regulations, for example, as a visitor, they can be refused under the general grounds covered in the section on General Grounds for Refusal (GGFR).

And second question is :

What do you think about my wife renouncing her British citizenship ? She don't mind doing it and I don't mind doing it either, but Im wondering If they will actually allow her to renounce it because she already has an Irish passport from her mothers side (her mother is born in the Republic of Ireland not NI) but she NEVER held a british passport..therefore would that be something the HO will say no to ?

Many thanks to whoever can help me answer these simple questions.

Note: I have two kids, who are both british (hold british passports) and It is unfair for us as a British family to be in a position like this, my wife works full time and I used to work full time in London too..but we cannot meet the financial requirements £18,600 and NO we cannot go under Surrinder Singh as we cannot go through the hassle of going to another country ONLY to go to UK..

Thanks again

Adaam

Anyone to help clarify these things please ?

SanDiegogirl

If you have been refused twice for a residence card I suggest you see an immigration lawyer.

scot47

The rules are monstrous.

Adaam

@scot47 The rules are indeed monstrous, the fact that three british citizens have to deal with all these laws just because the husband and father is not EU or British is just something that makes me sick..We could easily meet the financial requirement if the UK immigration laws had allowed the spouses a visa of six months to prove it..how can my wife WORK AND LOOK AFTER two kids in the same time and meet those requirements ? she can only do it if we leave our kids back home with my family and go work for six months by her own..now my wife is in London working and Im in my country with my babies watching them by my own ! how ridiculous is that ! For the whole two years we lived in London I have had two jobs and I was on 2,5k a month and never took one penny of benefits but somehow these laws apply to everyone and anyone..

Thank god my wife is also Irish, and I can come under EEA instead of this british immigration nonsense laws..so we're planning to renounce her "Useless" citizenship and keep the useful one to apply with it and go back to my job and keep my family together instead of us having to live in my country and my wife having to go every time for her medical checks and buy her medicines which we couldn't find here..my kids haven't even finished all their injections yet !! this is what this government does to its citizens, so to hell with their citizenship..Im gona apply for an Irish passport for my kids too and when they reach 18 I'll tell them to renounce the BC. the great BC !!!

Adaam

So We have applied for a renunciation of the BC about a week ago, lets just wait and see, wait and see..Will keep you updated !

BritInParis

You know the immigration system is badly broken when people are being forced to give up their British citizenship to get into the UK.

chaoclive

Hi Adaam

Did your wife get any response to her renunciation application yet? Have you guys applied for the EEA family permit?

Hope it all works out. Don't forget to let us know (I'm particularly interested as I've just lodged the renunciation application and am awaiting a response).

All the best!
C

Adaam

We sent our renunciation application on 12.12.13...until this day, nothing back yet !!! What a joke this UKBA is..they say many excuses when you give them a call and tell you it could take up to 6 months..my wife is still in the UK waiting for her passport back. and Im with the kids waiting for this stupid thing to come back..so frustrating and stressing..my wife misses the kids, can't travel to see them or be with them..(cuz the passport is at the home office for the app)..We have no other option but to wait..they said there is a three months waiting time, but it could take up to 6 months !! What's that suppose to mean I don't get it !! and neither do they it seems to me..I'll keep you informed guys..

Adaam

That's CORRECT !

chaoclive

Thanks for reporting back Adaam! I hope you get everything cleared up in 3 months as opposed to 6 months!

Did you call the Liverpool number on: 08450105200?

Fingers crossed that you can all be together again very soon.

Keep the faith
CC

Adaam

My wife calls them, not me..she said she calls on some number but not that one in Liverpool..the one you shared above is just an answering machine that annoys you even more and puts you to nobody at the other end of the line.

Thanks Chaoclive, its just trying not to stress about it that's hard..If it was me in her place i wouldn't mind being patient with it..but you can't keep a mum away from her kids..

Adaam

Hello my friend, We got the renunciation back. My wife bothered them with so many calls. She is no longer British officially now. It took us 2 and a half months to get it back.

Application for renunciation sent on: 12.12.13
Renunciation received on : 27/02/13

Going to apply for EEAFP on 28/02/13 online and make an appointment to hand in the supporting documents. I also been told by a lawyer in london that any re-entry ban does not apply to applications made under EEA regulations. As these applications are not made under the british immigration law therefore they cannot refuse the application under paragraph 320 of the immigration law. Just in case anyone in the future has this problem...

will let you know about the EEA family permit if it gets accepted..

and that's it

chaoclive

Sounds like everything is in order! We're all looking forward to your good news.

All the best from China
CC

Elotman1989

Hi Adaam
My cas is kind of the same i overstayed after beeing a vectim of traficking , i comes back volountry but on the state expenses , i'm applaying next friday for an EEU family permit after beeing living with my Romanian wife in Morocco for 7 months now !!
I would be glad if u can provide me any kind of help or informations i can use and wish you all the best brother