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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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I hold British citizenship and Bulgarian (EU), I'm

Customer Question

Hi , I hold British citizenship and Bulgarian (EU) , I'm married to a Gambian man. I live in London since 2007 and also hold yellow residency card issued 2007 and blue residency card issued 2013 . I was told by a solicitor here that we can apply with my Bulgarian citizenship for my husband to join me here With EEA family permit, so we did and he has an appointment on the 29th of June with British consulate in The Gambia , but I now found out that if I hold British citizenship he can't apply relying on my Bulgarian, because I also hold British. Pls advice me, do you think it's best if we withdraw his application , so he doesn't get refusal and affect future applications for The UK
Thanks
Elena
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
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Expert:  Buachaill replied 1 year ago.

1. Dear Elena, I regret to say that the Home Office take the view that if you have dual UK Bulgarian citizenship, then you have to apply for a spouse visa based on your british nationality. It would be possible to challenge this view by way of Court proceedings, but as the UK will have left the EU by the time these come to be heard, you might find taking legal proceedings to be a bum result. Accordingly, you are better off to simply apply as a British citizen and have your gambian husband come to the UK as the spouse of a British citizen. I know this involves a lot more hassle and the expense of an additional visa fee. However, your Gambian husband is likely to be refused an EEA spouse permit simply because you have UK citizenship as well and you are perceived as circumventing the laws applicable to British nationals.

Customer: replied 1 year ago.
Thank you very much for your response .
I have another question .
If we applied for Bulgarian spousal visa and he comes there, from what I know is that they will issue him there a temporary ID Bularuan card with which he can travel with me , as long as we travel together . My question is : When we enter thE UK do you think they will question again why I'm bringing him here via Bulgaria if I hold British citizenship or as long as he has Bulgarian document he'll be fine to enter?
Kind RegardsElena
Customer: replied 1 year ago.
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Expert:  Buachaill replied 1 year ago.

2. This is a totally different question. There will be a question of where he is residing if he has a Bulgarian identity card. So, whilst he is likely to get past the Border post, you are more likely to run into problems internally in the uK IF HE is stopped by police or needs access to hospital care or benefits. Then the question will arise as to where he is residing. Strictly speaking, he can only live in the UK if he has a UK identity document. A Bulgarian document allows him to exercise his treaty rights in the uK ie look for work, work or student. But it doesn't give him the right to live and reside in the UK. However, whilst this will not immediately apparent at a border post. However, if he deals with the authorities in the uK, THEN THIS question will arise.

Expert:  Buachaill replied 1 year ago.

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Expert:  Buachaill replied 1 year ago.

4. Be aware additionally with the UK LEAVING the EU, this option to have a Bulgarian identity card will soon evaporate. So you will get at the most two years out of it.

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Customer: replied 1 year ago.
Thanks again, we will be looking for jobs for him anyway , so as far as I understand if he has a job he will be fine to be here with me ? Elena
Customer: replied 1 year ago.
Oh I see, but isn't that depending on what negousiation they come to agreement with EU?
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
Would be easier if I go and live in Bulgaria for 4/5 months and we come back under European low
Expert:  Buachaill replied 1 year ago.

5. No, if you spend five months in Bulgaria, Britain might have changed the rules as it is leaving the UK.

Customer: replied 1 year ago.
Thank you , so what is the best way to get my husband here ?
Elena
Expert:  Buachaill replied 1 year ago.

6. I would advise you to apply for him to be the spouse of a British citizen. As the UK is leaving the EU any other option is likely to end after less than two years.