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Smokie37
20th Jul 2008, 07:25
Hi all!!
First of all let me say I’m glad to be part of this community.

Now i need some expert advice for which route to take.
I have duel citizenship British/Irish and would like to take the wife back to Northern Ireland to live; she has been twice before on a tourist visa (1) both times for three weeks staying at my brothers.

I have been living in Thailand for just over one year, and use my brother’s address as my place of residence, as I sold my property before coming to Thailand.
So i do not have a home in the UK which maybe a requirement for a settlement visa not sure on Eea?

So for this reason i think i should go the Eea route
But i have a few concerns on this.
1, my wife is now pregnant (one of my reasons for returning), if i go the Eea route, when the baby is born can he/she be registered as British?

2, do i have to apply for an ilr as well as my wife?

3, Means of income i have two pensions (before you ask I’m 49yrs) (1) service pension (British army) 22yrs service
(2) War pension in total both amount to around £1100 p/m.

I also have a large sum in savings so financially I’m ok my only query is if i go and claim to be Irish and as i spent 22 yrs serving in the British army, will it be a issue of any sort?
I'm also in receipt of other benefits, will claiming i'm
Irish affect this?

What form and documents do i need to submit?

In general how long a process is getting an Eea?

And lastly if successful in getting an Eea, I know my wife cannot claim any benefits, but what about child allowance and medical (N.H.S.)? Also will she need to do a life in the u.k test?

Sorry for so many questions

I welcome any help or opinions, and thanks to all who may contribute.

te2008
20th Jul 2008, 14:49
before you can apply for a settlement visa your wife would need a certificate issued by International Organisation for Migration (IOM) confirming that the applicant is free from infectious tuberculosis (TB) Applies to all applicants aged 11 years and over. www.britishembassy.gov.uk (http://www.britishembassy.gov.uk)

Vinny
20th Jul 2008, 18:54
See also 21.4.7 - Dual nationals / Irish / EEA nationals holding settled status (http://www.ukvisas.gov.uk/en/ecg/chapter21/#point%20four%20seven) and PROCEDURAL COMPARISON (http://www.lawcentreni.org/EoR/immigration%20and%20marriage%20civil%20partnership.htm#2.%20PROCEDURAL%20COMPARISON).

If she is applying (http://www.ukvisas.gov.uk/en/howtoapply/infs/inf18eeaswissnationals#Q18) for an EEA family permit (http://www.ukvisas.gov.uk/en/ecg/chapter21/#point%20four) from outside the EEA (http://www.ukvisas.gov.uk/en/ecg/chapter21/chapter21annex7/), then her application will be handled as a spouse (http://www.ukvisas.gov.uk/en/ecg/chapter13/#point%20five) under Regulation 12(1)(b)(ii) (http://www.opsi.gov.uk/si/si2006/20061003.htm#12).

Staying with your brother shouldn't be a problem as long as the accommodation is adequate (http://www.ukvisas.gov.uk/en/ecg/chapter9/#point%20eight).

1. Your baby may already have British citizenship (http://www.ukba.homeoffice.gov.uk/britishcitizenship/aboutcitizenship/Britishcitizenship/) at birth.

2. No. Neither British nor Irish citizens need apply for ILR (http://www.ukba.homeoffice.gov.uk/ukresidency/settlement/).

3. It may help if you can show (http://en.wikipedia.org/wiki/Personal_budget) that your wife will not need to claim any additional public funds (http://www.ukvisas.gov.uk/en/ecg/chapter9/#point%20two).

Under European law (http://www.ukba.homeoffice.gov.uk/eucitizens/applyingundereuropeanlaw/), she may apply for a residence card (http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/eea/eea2.pdf) in the UK. She need not satisfy the KOL (http://www.ukba.homeoffice.gov.uk/ukresidency/settlement/languageandlifeinuk/) requirements when subsequently applying for confirmation of Permanent residence (http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/eea/eea4.pdf).

Tobias
21st Jul 2008, 03:40
Originally posted by Vinny:
... She need not satisfy the KOL (http://www.ukba.homeoffice.gov.uk/ukresidency/settlement/languageandlifeinuk/) requirements when subsequently applying for confirmation of Permanent residence (http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/eea/eea4.pdf). But she will should she decide to apply for Naturalisation as British

Smokie37
19th Aug 2008, 01:01
wow, i'm sure i posted a big thankyou to this!! Don't know what happened so sorry.Thanks again guys very helpful, submit papers tomorrow as we plan to return in oct.. will let you know outcome