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Irish Nationality and Centre of Life Test

Posts: 14
Topic starter
Joined: 1 year ago

Alex Stacy Smith

i leave in the uk with my spouse who is a uk nation,we had leaved 2 years in ireland we traveled back and forth into uk.
i obtain a irish residency but my spouse not.
our application for my residency card in the uk has been refused under regulation 9 EEA 2016 also because she did not changed her centre of residence into ireland.
what article and constitution under the EEA law can we use to overturn this decision?


Damien Hardy

Hi Alex. Firstly... anything I comment is not legal advice and is only my opinion and you should seek proper legal advice.
I'm not entirely clear on your situation, but it seems to me that you would need to rely on some of the case laws like C-456/12 O&B (see case law page), but it's for you to prove to tribunal that you had a genuine reason for stengthening your family life in Ireland rather than using it to evade immigration controls.
I'd suggest the best people for you to get in contract with, would be Britcits -  as they specialise in issues for british citizens using the EEA route to citizenship for their family members.