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✎ EN Dual national uk and eu: wife is eea family

Discussion in 'Immigration UK' started by foreignqueen, Jul 30, 2007.

  1. foreignqueen

    foreignqueen Member

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    hello tripleH,
    well done on the job here...
    My husband is Eu born and a Uk national prior to his uk citizenship we had already applied for the EEA family permitt which was awarded( although not without some fight) as we had to wait wait wait :rolleyes: anyway we finally got it.

    i remmember reading once that i could exercise same rights as my husband.....
    can i travel within europe as he does without a shenghen visa?
    being a dual national can i aquire same status as him?
    i have also been told that having an EEA family permit means i cannot have a uk spouse stuff... as the EU law overides the UK laws...

    please educate me cos this area of knowledge is the most confusing part of any book i have read
     
  2. Triple H

    Triple H Addicted member

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    Gender:
    Male
    City:
    Dublin
    Living In:
    Ireland
    Nationality:
    British (GB)
    Languages:
    English
    Would be of great help if you told us what nationality are you?

    Yes, if you applied under EU law you cant switch to UK law.
     
  3. foreignqueen

    foreignqueen Member

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    lol i am from one of those countries west africa...lol that embassies do not like... :rolleyes: which is why i am a holder of a EEA family permit...
    so does exercising same rights as husband have limits?
     
  4. Triple H

    Triple H Addicted member

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    Gender:
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    City:
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    Nationality:
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    Languages:
    English
    I am afraid but you need a visa wherever you go.
    It will take 6-7 years till you`d be able to get UK passport.
    If you were to use UK immigration laws it would be after 3 years.
     
  5. foreignqueen

    foreignqueen Member

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    so exercising 'same rights' as spouse is the wrong word then
     
  6. Triple H

    Triple H Addicted member

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  7. foreignqueen

    foreignqueen Member

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    thanks triple h i have read this several times, however i am of the opion that 'same rights' isnt quite the right words for the legislation because a spouse of family member doesnt exercise 'same rights'

    According to the lgislation:


    Right to move and right of residence for up to three months
    All Union citizens have the right to enter another Member State by virtue of having an identity card or valid passport. Under no circumstances can an entry or exit visa be required. Where the citizens concerned do not have travel documents, the host Member State must afford them every facility in obtaining the requisite documents or having them sent.
    Family members who do not have the nationality of a Member State enjoy the ‘same rights’ as the citizen who they have accompanied.
    They may be subject to a short-stay visa (why?) requirement under Regulation (EC) No 539/2001. Residence permits will be deemed equivalent to short-stay visas.
    For stays of less than three months, the only requirement on Union citizens is that they possess a valid identity document or passport. The host Member State may require the persons concerned to register their presence in the country within a reasonable and non-discriminatory period of time.



    My question or observation is that the directive says family members enjoy the same rights however they need a visa… why? For me that is not enjoying the same rights because the union citizens have free movements to any EU country and do not require a. this might lead me to try defining 'same rights' hmmm i better not waste time doing that.
     
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