ElaineGon

I am non European with permanent residence status in Spain.

My husband was British but now has dual nationality, having obtained Irish nationality last year. He has never worked in Europe, only in UK.

It appears that I can now travel to UK with him, (with him using his Irish Passport) without a visa as an EEA Family Member.

Can anyone please tel me if this is so as I find the internet info very confusing.

Thank you all.

ElaineGon

I have discovered that as long as my husband has EEA nationality, but does not have British nationality, including dual nationality, I can go with him to UK without a visa.

If my British husband had worked in Spain then I could go with him.

Anyone know what constitutes ´work.´ That is voluntary work, working with pay for one day, one week etc.

Thank you all

Domino

surely both Ireland (Eire) and UK are part of the EU ??

my understanding is that nationality has to be formally renounced, which would not appear to be the situation with someone having Dual Nationality

working I believe is normally expected to be for a minimum of 6months and paying into "the system". But there have been a number of changes over the past year or so.

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ElaineGon

Dom

You seem to be basically repeating what I said.

As for working, I would like to know for sure what that is officially interpreted as. A guess does not really help.

Thanks anyway

SanDiegogirl

Exercising treaty rights is seen as living and working in a country. Working is usually recognised as being paid on a regular basis for services/labour rendered receiving payslips, and paying the necessary social insurances etc.

Voluntary work is never recognised as working and cash in hand and working only the odd day or so is not usually recognised as being in work.

Domino

Then with due resepect don't ask on an expats website, go direct to organisations such as the DWP or the Border Agency or the Immigration Service

Unless someone has identical parameters and been there before there is unlikely to be anyone here who can really answer your question(s). And if they did things may have changed since they did it so it is out of date

hope you find out what you want

rgds

britishbull

I thought once you had lived in an EEC country with non-EC partner (having got the free visa due to treaty rights) for long enough to be considered resident then you can go to get another free visa to take him/her to live in Blighty (this assumes you are British and resident in another EC country). You also have the right to travel together anywhere in EC. It's one of the great things about the EC, esp now the British government is making it so hard and expensive to bring in partners to the UK if they come from outside EC.

ElaineGon

Sorry if I will upset Domino but I have actual experience, not guessing, which may help others, i.e. something I have done and therefore know.

Today I went to Gibraltar with my husband. As I said above, although he is British he is also Irish.

At the border I showed my Filipino passport and my Residencia card. My husband produced his Irish passport. I was allowed to enter Gib.

When I returned the Spanish immigration did not even look at my documents.

I know from emails to the Immigration Service in Gib that I would not have been allowed to enter had my husband used his UK passport (as he has not worked in Spain) or even if they had suspected that he had dual nationality.

Domino

why should Domino get upset ??
actual experience is far better than taking advice from grumpy expats who are years out of date.

I am sure Fred will be along with better knowledge on this than mine but something doesn't sound right.

ElaineGon

Up date

I have now been to Gib three time with my husband using his Irish PP. No problems.

However, my husband who has worked as a voluntary translator with the police in Spain for 15 years, has just had a reply from Immigration Gib.

He sent an email to Immigration Gib, explaining that he had worked as a volunteer but had never been paid, but that thought I should be allowed to go with him to Gib. (Surinder Singh route). He did not say he had dual nationality only that he was British.

The reply was that I would be allowed to enter Gib with him, on my Residencia. We have not tried yet.

As I understand, the same rule applies in UK so it would seem I can go to UK with him without any paperwork other than my Spanish Residencia Card (and I guess PP)

I hope this is helpful to others.