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Dual citizenship help

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Fabriziams
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Joined: Thu Jun 30, 2016 5:47 pm

Dual citizenship help

Post by Fabriziams » Thu Jun 30, 2016 6:06 pm

I'm a Brazilian and I was living in London under a residence card of a family member of an EEA from 10/10/10 till 14/05/16 when I acquired my Italian citizenship by being married with an Italian citizen at the Italian consulate in London. My resident Card expired on 23/06/2016 as a Brazilian citizen .
I would like to know if I can apply for a permanent resident card as an Italian citizen as I have been living here more than 5 years.
A lawyer told me that I have to go abroad then when I come back to London they will activate my Italian passport " this sounds really weird " and also change my insurance number :shock: after that I need to stay here more 5 years then I can apply for a permanent resident card . :shock: :shock: :o
I'm really confused. :|

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Dual citizenship help

Post by secret.simon » Thu Jun 30, 2016 6:27 pm

Fabriziams wrote:a residence card of a family member of an EEA
Who was your family member and how were they exercising treaty rights?

It can be argued that as you have resided in the UK in accordance with the EEA Regulations, first as a family member and then as an EEA citizen yourself, you would acquire PR automatically after completion of five years cumulatively, provided the family member has exercised treaty rights correctly for the first part and that you have exercised treaty rights correctly for the second half.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Dual citizenship help

Post by noajthan » Thu Jun 30, 2016 6:46 pm

Didn't your mom tell you not to talk to strange lawyers? :wink:

You may have acquired the holy grail of PR by 2015 anyway if sponsor was a qualified person since 2010.

When did you actually enter UK?
Was sponsor in harness and hard at it exercising treaty rights from that day?

As you were your sponsor's EFM did you have an EFM RC?

If sponsor is partner, have you got rock-solid proof of a durable relationship akin to marriage prior to marriage?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Fabriziams
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Posts: 4
Joined: Thu Jun 30, 2016 5:47 pm

Re: Dual citizenship help

Post by Fabriziams » Thu Jun 30, 2016 8:45 pm

:D yes that lawyer was really strange .
I came to London on 22/09/07 under a student visa till 28/04/2010 I tried to extend my student visa but it was denied then I left London .
My boyfriend went to Brazil and we got married , he is an Italian citizen .
I got a EEA FP from 07/10/10 till 07/04/11
Resident card from 23/06/11 till 23/06/16.
I acquired my Italian citizen on 14/05/16 .
as I go my Italian citizenship I didn't apply to a permanent resident card before 23/06/16 and now with this brexit I'm confused .
almost 9 year living in London .


Thanks guys for the replies :wink:

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Dual citizenship help

Post by noajthan » Thu Jun 30, 2016 9:07 pm

Fabriziams wrote::D yes that lawyer was really strange .
I came to London on 22/09/07 under a student visa till 28/04/2010 I tried to extend my student visa but it was denied then I left London .
My boyfriend went to Brazil and we got married , he is an Italian citizen .
I got a EEA FP from 07/10/10 till 07/04/11
Resident card from 23/06/11 till 23/06/16.
I acquired my Italian citizen on 14/05/16 .
as I go my Italian citizenship I didn't apply to a permanent resident card before 23/06/16 and now with this brexit I'm confused .
almost 9 year living in London .

Thanks guys for the replies :wink:
Don't be too hard on yourself, you have probably acquired PR by now as the direct family member of your EEA spouse/sponsor.

EEA FP from 07/10/10 till 07/04/11 - so when did you enter UK?
October 2010?

Sponsor exercising treaty rights from??
You may have acquired PR by end of 2015.

The RC is not a visa; don't worry that it has expired as long as spouse is still your sponsor or you are now exercising treaty rights 'in your own right'.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Fabriziams
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Re: Dual citizenship help

Post by Fabriziams » Thu Jun 30, 2016 9:40 pm

I entered on 10/10/2010.
Husband exercising treaty rights from 2008
I have being working since I arrived here 10/ 2010
Thank u for that :wink:

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Dual citizenship help

Post by noajthan » Thu Jun 30, 2016 9:59 pm

Fabriziams wrote:I entered on 10/10/2010.
Husband exercising treaty rights from 2008
I have being working since I arrived here 10/ 2010
Thank u for that :wink:
You can't apply on basis of being Italian as you can't show you have held your bella Italian passport for 5 years - but it doesn't matter.

Assuming you and hubby have not enjoyed any prolonged absences from UK since 2010 it looks like you acquired PR in October 2015.
Assemble evidence, prepare form and good luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Fabriziams
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Posts: 4
Joined: Thu Jun 30, 2016 5:47 pm

Re: Dual citizenship help

Post by Fabriziams » Fri Jul 01, 2016 10:05 am

Thank you :wink:

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