Britkyiv

Having lived outside the UK for the past 10 years, I'm thinking about returning to the UK. I will only return if I find a job or set up a small business.

I have recently discovered the CRAZY system that is in place for people who wish to return to the UK with their Non-EU spouse. I'm sure the topic of settlement visas has already been discussed here with regards to a spouse having to take a recognised English Language Test etc.

However, I wonder if people know about the 'wonderful' EU laws on the free movement of people? Under EU law, any EU citizen has the right to live and work in any EU country together with their spouse (EU or Non-EU Spouse) EXCEPT for the country of their own citizenship. For example:

An Irish or Polish citizen can go to live in the UK together with their Non-EU spouse at any time and NOT have to take any English Language Test.
(Daily Mail readers will know all too well about how EU citizens use EU laws to settle in the UK and claim benefits)

As a British passport holder, I can only bring my wife with me to the UK if we make a visa application together with presenting a suitable 'certificate' showing she can speak English. (My wife speaks English fluently already)
Moreover we must pay a huge fee for the visa.

We have travelled to many EU countries where my wife has been granted a visa for FREE under EU law. (Many people do not know this) But to go to my own country, we must pay a visa fee every time.

I sure you will agree that it always appears that the system works AGAINST the British citizen, whereas other EU citizens come and go as they please and many stay in the UK with their families and claim benefits.

So.....here is the plan. I could change my passport and become an Irish citizen. I held an Irish passport before, as my mother was Irish.
Then, my wife and I would have more freedom in the UK, than a British citizen. She would NOT have to present any certificates etc.
Please note my plan is not avoiding voiding visa fees but to live in the UK without problems.

What do you think? Crazy or what?
End of Rant.

Squirrel

What nationality is your wife? Many majority English speaking countries do not have the English requirement, for example, Canada, Oz & USA. (South Africa DOES have the requirement). Obviously if your wife is not from an English speaking country, the UK does not know she speaks English.

If you are entitled to Irish nationality you may apply for a EEA Permit for your wife instead of going the UK route. However there are pros and cons. The EEA Permit is free, the UK Spouse visa is expensive. But with the EEA Permit, it takes much longer and you have to be willing to be without your passport for many weeks. The UK Spouse visa can be a quick as one week (example, USA paying extra $300 for expedited visa). The UK route also leads to perm residency quicker (currently - may change from April).

Compared to many countries the UK Spouse visa is pretty easy. eg no medical. Ranting is useless, with immigration you just have to get on with it. This is a side effect of the EU but also means you can dwell in any EU country with your non EU spouse, so it has plenty benefits.

formula

EU laws work against all EU citizens in their own countries. i.e you can take your wife and live in France, but a French citizen has to comply with French immigration law. The new welfare reform bill will ensure that the UK is not now the most generous EU country for benefits (hard luck Germany) and people will have conditions put on them for their benefits i.e. working for their benefits.

And don't lets get started on that Human Rights Law that allows all sort of undesirables in the EEA and allows EEA crimninals to live in other EU counties and commit crimes! That's why the Cameron is dragging his heels about giving the UK a vote on 'in or out' of the EU and EEA as he knows most Brits want out.

McCarthy.

Ozzidoc

If you held an Irish passport before, then what makes you think that you are now no longer an Irish citizen?

DigitalGhost

I know of people from other EU countries who have been through that process with a foreign spouse in the UK and believe me, it really isn't as simple as you seem to think it is.

nun

This sounds like a situation where the UK is doing what it can to limit immigration. It can legislate wrt it's own passport holders, but is probably obligated to uphold the EU laws for other EU citizens. Put it down to the usual UK "fear of the foreigner".

Tr1boy

i'm failing to see the fuss. UK has laws and will enact them as they see fit. my non EU spouse and i have jumped through the hoops for settlement visa and now doing ILR, it's not exactly hard, or onerous, unless you're inherently lazy. I found from becoming an Australian citizen, 'fear of the foreigner' is not unique to the UK at all.

Fill the forms, pay the money, or don't, your choice, but don't throw your toys out of the pram about it. If all the other EU countries are so much 'fairer' than the UK then why come?

pennylessinindia

It is also worth noting as a British Citizen travelling with an non EU spouse to Europe your spouse gets a free visa too and issued very quickly so it works both ways.

JAJ

EEA route has some advantages (for those eligible) but a. you still need to prove the relationship is genuine, b. it takes longer for permanent residence to be granted, c. processing time is usually slower, and d. the English etc. tests and normal fees (for citizenship) still apply if she wants to become a naturalised British citizen.

The existence of two parallel routes to settlement is "unfair" but is imposed by the EU/EEA and nothing will change unless the United Kingdom decides to leave the EU.

Squirrel

Funny that 'cos the 'papers' said about the recent case of a CofE vicar who had married hundreds of bogus couples (Nigeria and EU) that there was nothing they could do about it. But as the marriages were bogus, they could surely refuse the Nigerians their visas? The vicar and his 'Mr Fixit' have been jailed, but how would these bogus spouses go on to get LLR if they weren't even living together? (Unless Mr Fixit provided false documents?)

nun

Thes article I read about this said it as 28 couples

Squirrel

You could be right, I was just recalling from memory.

DigitalGhost

Sadly, this is all correct, although obviously there are also additional benefits to having an EEA residency permit as opposed to just a UK foreign resident visa which some people would argue makes it worth the additional effort and delay.

DigitalGhost

I don't think anybody was arguing that the EU was more free and fair than Britain but just that the laws around the EEA permit are fundamentally flawed.

pennylessinindia

It is not the laws that are flawed but their abuse and sadly the ease to get married in the UK that is so much to blame for the large numbers of marriages of convenience.