swapcrate

My income is fine, so savings for 2nd part is easy, its not much of an issue once I'm working. Its getting the visa in the first instance to go for the interviews.

Once I'm working everything sorts itself out. I have spent plenty on my start-up business, which is why I don't have the savings. But I will not spend anymore on start-up business as money is now sorted, all money I earn, is mine now, so we will have more then enough in 2 years.

The ILR is another kettle of fish as well. I wouldn't mind that, so I don't have to go through this visa thing, to go backwards and forwards from NZ to UK, and work on my business as and when needed.

My start-up business will dictate how long I will be in the UK. If it does well, I can run it from NZ, if it doesn't, I will be in the UK until I can make it work. But since my business will be in the UK, I will need to travel backwards and forwards, which will suit us both so we can see our families. (this is all hypothetical and best case scenario as business may not work).

ILR just makes my travel easier, but its not my main goal, so its quite a tough one. I will play this one by ear.

Never mind, some people are more unfortunate then us. But you always look at your own personal circumstances.

Thanks for your help

Cheers

englishguygoinghome

It sounds like you have never "exercised your treaty rights" and therefore as a dual-BC/EU probably cannot use your EU status to enter the UK with your spouse.

BUT - the test case (McCarthy) was based on someone who had lived all their life in the UK and tried to then use EU law to bring in a spouse to the UK. They even got the Irish passport only shortly before applying so with obvious intent. You are not doing that but are outside the UK and EU and have been a dual-national all your life from the sound of it - so it could be that you get granted.

It's free of charge and simple to get an EEA-family permit, if you get refused you will need to declare that on any future applications. Appeals would probably go all the way to the top and make a great test case but that takes a long time!

Your choice

mrsadeyemi

Hi englishguygoinghome,

I only got British citizenship last year through naturalization. It seems that if I didnt have it it will be easier as prior to being awarded citizenship I was exercising my treaty rights for 7 years.

I think i will still try and submit application for EEA with my Polish passport and see what happens.

Thanks for all the useful info!

uk_vette

Some times, having British citizenship is not good.
You can give it back if you want, just hold on to one of your EU passports.

vette

mrsadeyemi

Its sad how many people get miss-advised on immigration matter, incl us.

Eitherway, I have had enough. We are fine where we are, have good standard of living, weather is lovely, all food is organic.

I dont its worth all the trouble in our case. All i really wanted is to be able to travel as a family and not having to make visas every time... Tough

holly_1948

Irish citizenship is a special case though. Irish citizens have had a right to live and work in the UK as long as Irish citizenship has existed, completely unrelated to rights associated with the EU.

formula

But if they are dual Brit/Irish, then they can't use EU free movement treaty rights to bring a non-EU partner to the UK anymore.

After the McCarthy ruling, the UK got new EU laws written last year, for the UK only and they are much more far reaching than the McCarthy ruling. I was amazed Cameron got them through.
One of them was that a person who had British citizenship and another EEA citizenship, was now treated as a Brit for immigration purposes; unless using Singh.

This new law not only affects those in NI who are British and Irish citizens and those Brits who can get another EEA passort, but it also includes all those EEA nationals who used EU treaty rights to become British citizens. They can no longer use EU rules to bring family to the UK as they are now under UK immigration rules and this not only affects their non-EU family, but also their EU extended family too who aren't exercising free movement in their own right in the UK.

This means that EEA immigrants in the UK now have to decide whether to naturalise as a Brit and lose their EU rights; or whether to risk Brexit or any other EU new laws that may affect their life in the UK. Yet Brits can still become citizens of their EEA country and still have their EU rights too.

formula

And if he gave the 64K away, for benefit purposes he would still be treated as if he had this money.

So all he would get is child benefit of about £20 a week as that benefit is not means tested. The new welfare payment Universal Credit (being rolled in from April) is means tested and is replacing the housing benefit, JSA and Tax Credits he could have claimed before.

holly_1948

Even if a dual British/Irish dual citizen were to renounce their British citizenship they would still not be exercising EU treaty rights by working in the UK.

Unlike, for example, a Polish/British dual citizen in the same situation. Such a person could renounce British citizenship in order to achieve the right to bring US citizen family to the UK.

Renouncing British citizenship to gain rights in the UK is probably fairly safe if it were acquired by birth rather than by naturalisation. Even if Polish citizenship were acquired through naturalisation.

My opinion, nothing more, caveat lector.

formula

That wasn't what we were talking about. We were talking about the McCarthy ruling and the effect the new EU law now has on dual EEA nationals (including Irish/UK) on being able to use EU law in the UK.

They would need to have good legal advice on that and/or read the UKBA website, as it appears that they could never get their British citizenship back if the reason they renounced it was for something as trivial as to use EU law in the UK. It has been discussed on other forums and this page from the UKBA website was referred to for those who might want to get their British citizenship back at a later date:-

Evidence that if you had not given up your citizenship you would have lost or failed to acquire your current citizenship or nationality

You should send:

• a letter or statement confirming this from the authorities of the country concerned.

http://www.ukba.homeoffice.gov.uk/br...tingdocuments/

WEBlue

For anyone else reading this who is interested in the UKBA's own Internal Guidance on UK/EEA dual citizenship and UK/Irish dual citizenship, here it is laid out:

http://www.ukba.homeoffice.gov.uk/po.../ecg/eun/eun2/

EUN 2.14, 2.15, and 2.16 are the sections that cover this.

formula

Or you can ask on www.immigrationboards.com before you apply, as gurus and mods on there seem to have gone through the new rules with a fine tooth comb.