Originally Posted by robbieryan

Hi.

I'm really glad I found this.

I too am from northern ireland with an american wife and daughter, have another kid on the way who will also be american.

We are planning to move back to N.I. Next year.

Is it correct that we only need a family permit, and then my wife can apply for a residency card inside the the UK? My kids ( I assume) can just get the passports when we get there. THAT WOULD WORK BUT, IN THEORY, THEY SHOULDN'T ISSUE A FAMILY PERMIT TO THE FAMILY MEMBERS OF A BRITISH CITIZEN (NO MATTER WHAT OTHER CITIZENSHIPS THEY HOLD), UNLESS THE BRITISH CITIZEN HAS WORKED IN ANOTHER EEA COUNTRY AND THEN APPLIES UNDER SURINDER SINGH.

IT MIGHT BE A GOOD IDEA TO GET YOUR KIDS BRITISH/IRISH PASSPORTS IN ADVANCE BEFORE COMING BACK, AS THAT WOULD MAKE THINGS MUCH EASIER.

IF YOU, AS MYSELF AND THE OP, ARE A DUAL IRISH/BRITISH CITIZEN THEN YOUR OPTIONS ARE AS FOLLOWS:
1) COMPLY WITH THE UK SPOUSE VISA REQUIREMENTS (FINANCIAL ET AL)
2) RENOUNCE BRITISH CITIZENSHIP AND HAVE YOUR FAMILY MEMBERS APPLY FOR AN EEA FAMILY PERMIT FROM THE BRITISH EMBASSY.
3) UNDERTAKE THE SURINDER SINGH ROUTE (WORK IN ANOTHER EEA COUNTRY, NOT ONE OF WHICH YOU ARE A CITIZEN) AND THEN APPLY FOR A FAMILY PERMIT TO RETURN BACK TO THE UK

I RENOUNCED BRITISH CITIZENSHIP LAST YEAR.

I believe the UK no longer requires the annual salary that they did the last few years. YOU STILL NEED TO HAVE A JOB EARNING 18600GBP/YR OR HAVE SAVINGS OF 62500GBP IN YOUR ACCOUNT FOR A PERIOD OF 6 MONTHS
we wanted to move back last year, but all the spouse visa requirements were far too troublesome. THE REQUIREMENTS ARE STILL THE SAME

I need to find a job when we return. Is this a problem for us resettling there? Or do I need to have job already?

Originally Posted by chaoclive

There is a wealth of information on the Immigration Boards website, where lots of people are discussing the issue of dual British/other citizens moving back to the UK with their family members.

Originally Posted by robbieryan

Thanks.

However the law changed April 16th, from what I understand it is now in line with the rest of europe.

I have been on the home office website and it doesn't mention anything about how much money you have.

Originally Posted by chaoclive

You might want to keep up to date with the law and check out the right places.

If you are talking about the UK spouse visa, which is called "family of a settled person’ visa", see here for the details: https://www.gov.uk/join-family-in-uk. I have just copied this link from the UK VI website about 2 mins ago:
"You must also meet the financial requirement of:
£18,600 per year if you’re applying only for yourself
£22,400 per year for you and one child
£2,400 per year for each additional child".

Don't know where you're getting your information from.

The UK domestic immigration rules have not changed and there is no reason why they should be in line with the rest of Europe.

If you are talking about the EEA family permit then you may be more correct.

It might be a good idea to do a little reading to check out the names of the visas/permits that you are considering, at the very least.

If you have any links to changes in the regulations from April 2015, please share.

Originally Posted by BritInParis

I think robbieryan might be referring to the McCarthy ruling which wouldn't be applicable to his circumstances if he's living with his family in the United States.

Originally Posted by chaoclive

Quite possibly, but that wasn't what he said.

Originally Posted by BritInParis

Indeed, I suspect he is confuzzled.

Originally Posted by BritInParis

Indeed, I suspect he is confuzzled.

Originally Posted by robbieryan

I could be very well confused. This is a confusing business.

I was under the impression that my wife only needed a EEA residency card, which she could could apply for in the UK, and that we could return to the UK with a family permit, which my wife was eligible for as I am a citizen.

Originally Posted by robbieryan

I could be very well confused. This is a confusing business.

I was under the impression that I only needed a EEA residency card, which I could apply for in the UK, and that we could return to the UK with a family permit, which my wife was eligible for as I am a citizen.

Originally Posted by BritInParis

That would be true if you held any other EEA passport other than British. Likewise you could move to any other EEA state under the same rules. If you hold dual British/Irish citizenship through a connection with Northern Ireland then you could renounce your British citizenship and move to the UK as an EEA national with your family on your Irish passport. Otherwise the standard spouse visa rules apply. Except if you were willing to go down the Surinder Singh route of course

Originally Posted by robbieryan

Thanks.

So it seems it hasn't changed at all. I had been told recently that the law had changed, but as you point out it for people ALREADY holding an EEA residency permit in another EU state.

Had my hopes up to come.

No way I would renounce my british passport.

Originally Posted by robbieryan

Thanks.

So it seems it hasn't changed at all. I had been told recently that the law had changed, but as you point out it for people ALREADY holding an EEA residency permit in another EU state.

Had my hopes up to come.

No way I would renounce my british passport.