SanDiegogirl

[QUOTE=gadshill;11890238] Are you going to be working in the UK during your year's stay or are you intending to rely on savings to exist?

If the latter, then no you won't be eligible for the NHS as you are not exercising treaty rights.

formula

The changes for non-EU citizens under the offer the EU made to the UK
EU Referendum & Ramifications of EU-UK Deal • Immigrationboards.com

rickster000

Hi,

Can I ask a couple of questions on this topic.

So a UK citizen renounces and become an Irish citizen and can live with his non-EU wife and kids in UK.
Do their kids (with existing UK citizenship) also need to renounce UK citizenship for this to work?

Also

Are there pitfalls with having the non EU family/spouse already in UK (on holiday/visitors visa) while the UK husband renounces and gets his Irish passport? (why does no one appear to do it this way?)

Many thanks,

formula

Before you lose your British citizenship, have you seen the new rules the EU has offered the UK to stop non-EU family members? Effectively it will mean that EEA citizens who want to bring non-EU family members to the UK, will be on a par (or worse off) than British citizens who want to bring non-EU family members to the UK.

My reading of this is that if the UK votes in June to stay, then as an Irish citizen you would have immediate PR in the UK (under the UK/Irish agreement) but under the deal for the UK to stay in offered by EU, you would need to meet the £18,600 to bring your non-EU wife to the UK to live and you would have lost your British citizenship too as you renounced it. Whereas say a French national would have to achieve PR to be able to bring a non-EU family member to the UK and would then still need to earn 18,600 after that when they are allowed to sponsor their non-EEA partner.

It would take that French citizen at least 5 years of exercising treaty rights every single day (i.e. as a worker) to get PR in the UK. It would be quicker for them to take their non-EU partner to another EEA country which gives citizenship the quickest and then both use treaty rights as EEA citizens to live in the UK, although wait for all these easy countries to suddenly get harder for citizenship.

Although they may not get a choice of taking their non-EEA to another EEA country under treaty rights. The court ruling that changed EU law so that now an EEA citizen gets more right in another EEA country than a citizen of that country does, as they can just bring in a non-EU with them, is once again causing EEA countries to call for a change in EU law to to stop this. They want EU law back to how it was written (what EEA countries signed up to) and not what the Metock ruling gave to non-EEA citizens.

Both Ireland and Denmark protested at the time over the Metock ruling and then protested again a few years later. Alreadly since the EU offer to the UK, the Danish PM is now calling again to end the Metock ruling by using EU law changes to take free movement back to how it was intended.
https://en.wikipedia.org/wiki/Metock...and_Law_Reform

rickster000

Formula,

Thanks a lot for the detailed answer. It all seems to me like a lot of 'ifs, buts and maybes' at the moment.

If considering the Irish citizenship route would the best bet be to do it quickly in the hope of dodging any changes that come in afterwards? I'm assuming (possibly wrongly) that any changes would take a bit of time to implement.

Oh and is anyone on here able to answer my original questions?

The only thing that's clear to me is that the more I look into the finding the best solution for my family, the more confused and stressed I get

Any help much appreciated.

Cheers.

SanDiegogirl

You had better explain your current situation as there are many aspects to British immigration and they need to be tailored to people's specific needs and requirements.

rickster000

Sandiego,

Thanks for the reply.

I am British, born in N.Ireland, lived there half my life. Have a British passport.
Wife from non-EU country.
Daughter has dual nationality through both parents including automatic British citizenship through me and a passports for both countries.

Due to a potential work opportunity for me we were disgusted by the UK visa route and started looking at a S/Singh route. Then I heard about the Irish citizenship option. I would have no probs doing it if it worked.

Plan in UK would be for me certainly to work, and possibly even both of us.

BritInParis

A few points of clarification before an accurate answer can be given - are you an Irish citizen already or do you have an Irish grandparent through whom you intend to register as an Irish citizen? Which passport(s) does your wife hold? Does she have any recent European ancestry?

rickster000

Paris, thanks for reply.

See post above for info.

Wife is Russian. As far as ancestry, her great grand parents were Polish and German.

SanDiegogirl

So presumably you are not currently living in the UK?

You new job opportunity does not pay 18,600 GBP per annum to fulfill the financial requirements?

rickster000

We live in Russia.

Job op is only a potential. Probably would be more than £18.6k.
But I am not willing to go through any process/application that separates me from my family.

BritInParis

Probably too far back to claim a Polish passport although that would make your situation a lot easier.

If you were born in Northern Ireland then both you and your children will have both British and Irish citizenship. There's no requirement for your children to renounce their British citizenship - indeed they legally cannot until they reach the age of 18.

Your wife will need to be outside the UK to apply for her EEA Family Permit once you renounce your British citizenship.

If the UK chooses to leave the EU in June then it could put the kaibosh on the whole Surinder Singh route. I would await the results of the referendum before starting the renunciation process. I would also exhaust all possibilities of meeting the financial requirements to sponsor your wife for a spouse visa. If you give up your British citizenship in order to go down this route then there's no guarantee you'll be able to get it back again.

SanDiegogirl

If you earned 18,600 GBP at your current job in Russia you would not have to.

rickster000

No chance of this since the ruble plunged 2 years ago.

rickster000

Thanks Paris.

Spouse visa, unless I'm mistaken, could mean mean 12 weeks separated from family, potentially a lot longer. That's a big ask.

Re the referendum, wouldn't an alternative argument be to act fast now (SS or renunciation) in the hope of making it into UK before any changes come into effect?