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Non EEA family member of EEA/UK dual national
Posted: Wed Mar 29, 2017 11:08 pm
by UkEEAnational
I'm from Thailand married to EEA national and my husband got his British passport two years ago, in few months my 5 years residence card are coming to its renewal date and I haven't got a clue, me and my husband are really worried about it, I have been in the country for nearly 9 years now until 2012 I was on student visa and from Jan 2012 I have been on 5 years residence card which is finishing in less than a year and I am already having sleepless nights
Some one told me if longer than 6 years you could apply for Naturization but I am so unsure ;( !!! not sure if I could apply for Naturization either
Re: Non EEA family member of EEA/UK dual national
Posted: Wed Mar 29, 2017 11:14 pm
by UkEEAnational
At the end of the residence card, how long I need to wait to apply for my permanent residence card
Please shed some light on my issue please
Re: Non EEA family member of EEA/UK dual national
Posted: Wed Mar 29, 2017 11:28 pm
by vinny
Re: Non EEA family member of EEA/UK dual national
Posted: Wed Mar 29, 2017 11:28 pm
by UkEEAnational
Problem ?
Re: Non EEA family member of EEA/UK dual national
Posted: Wed Mar 29, 2017 11:32 pm
by vinny
Please click on the given link for more information.
Re: Non EEA family member of EEA/UK dual national
Posted: Wed Mar 29, 2017 11:43 pm
by UkEEAnational
Oh my god !
What to do now ?
I got my 5 years residence card under EEA rules and he is still EEA national ? Can I not apply under the same rules for permanent residence card and not tell home office of his British nationality ?
We are planning to have a child as husband wants me out of the immigration rules and I can't travel to Europe without him and can't see my in laws without him, and he can't take random time off from work for me

Re: Non EEA family member of EEA/UK dual national
Posted: Thu Mar 30, 2017 12:11 am
by UkEEAnational
I have been in the country for last 9 years
Came to the uk in 2008 on student visa until 2013, in 2013 I was still on student visa when my husband to be proposed me and we got married in early Jan 2013, end of Jan I got my residence card of 5 years
I will be completing my 10 years in uk next year
Can we try a different immigration route then ? Would it be possible ?
Any help with your expertise please
Re: Non EEA family member of EEA/UK dual national
Posted: Thu Mar 30, 2017 12:45 am
by vinny
The
Long residence option would also require evidence that you were residing in accordance with the
EEA Regulations during the period that you were subject to the EEA regulations.
Re: Non EEA family member of EEA/UK dual national
Posted: Thu Mar 30, 2017 8:27 pm
by Wise
Hmm, I genuinely felt for you as you've mentioned you're legitimate couple. A big mistake for all this years in UK, so shocking the current rules was opposite to your situation. Also as you said you may lie and think they will not know that your husband has naturalized, (dream on you're in UK) and i don't expect that from you as you have lived in UK for 9yrs it shows you understand the system that much. Don't try it!
Option 1,
My humble advice for you both is to move to Ireland as quick as you can and you can may be start a new life there at least they share almost the same thing in common with UK and you can be family member to your husband under EU LAW just before the issue of BREXIT is over till March 2019 and come what may the relationship between UK AND IRELAND (FTA) can still save you in the end which the EU themselves even recognized.
Option 2
Am afraid staying in UK with the current issue will go nowhere in end if you read what Vinny sent to you carefully, unless your husband can renounce the BC again and claim his previous nationality and you need to apply afresh as EU family member and that may save you.
Every human being will have to learn from our/people's mistakes though, mine was regrettable but found hope.Move as quick as you can and search forum you find people of same issues like yours too.
Good Luck.
Re: Non EEA family member of EEA/UK dual national
Posted: Thu Mar 30, 2017 10:40 pm
by UkEEAnational
Wise thank you so much for your reply can't thank you enough for your time
I don't know what we have done
Just to clarify my husband hasn't give up his previous nationality
He has kept the nationality of his birth and became British in 2015 just because there was a lot of talk on brexit and he has literally straight forward case of naturalization and within 6 weeks he became British as he had all documents
I am feeling sick as I am over stressed bec of no possible route
Re: Non EEA family member of EEA/UK dual national
Posted: Thu Mar 30, 2017 11:11 pm
by vinny
There's hope that the
CJEU will find the UKVI's
interpretation unlawful.
Re: Non EEA family member of EEA/UK dual national
Posted: Fri Mar 31, 2017 1:18 am
by UkEEAnational
Vinny do you think writing a letter to CJEU in laxamberg explaining the situation I am in and thousands others would help n this regard ?
I have been in the country for last 9 years
Came to the uk in 2008 on student visa until 2013, in 2013 I was still on student visa when my husband to be proposed me and we got married in early Jan 2013, end of Jan I got my residence card of 5 years
I will be completing my 10 years in uk next year
Can we try a different immigration route then ? Would it be possible ?
Like long residence route settlement ?
Any help with your expertise please
Re: Non EEA family member of EEA/UK dual national
Posted: Fri Mar 31, 2017 1:50 am
by vinny
Parminder Saini wrote:It is anticipated that the Grand Chamber will hear this matter in 2017
.
Re: Non EEA family member of EEA/UK dual national
Posted: Fri Mar 31, 2017 2:06 am
by UkEEAnational
Thank you so much for,taking your prescious time out for others and helping them
Just read the link In your previous reply but there isn't any date for the grand chamber hearing ;(
Don't know how long it will take sooner the better
I tried to find if I could send private messages to other users but I got lost
Wondering if u could send private messages to ther users who hasn't bee active recently to know the outcome of their cases !
Re: Non EEA family member of EEA/UK dual national
Posted: Fri Mar 31, 2017 7:39 pm
by Wise
Yeah i do know that your husband still keep his EU nationality. But at the moment that's how things stand regarding the stupid interpretations. Hopefully CJEU might change things positively. Also it is worth to wait for the decision on those cases before you can decide on what to do next in my opinion.
Regarding text.
I think but not sure you need to have sent at least 10 messages before you may be able to send private
massages or received it from anyone.Counting your messages i think you have sent 8 so far just 2 remaining.
Any of the Moderator will advice you further on this.
Re: Non EEA family member of EEA/UK dual national
Posted: Fri Mar 31, 2017 9:59 pm
by Casa
Wise wrote:Yeah i do know that your husband still keep his EU nationality. But at the moment that's how things stand regarding the stupid interpretations. Hopefully CJEU might change things positively. Also it is worth to wait for the decision on those cases before you can decide on what to do next in my opinion.
Regarding text.
I think but not sure you need to have sent at least 10 messages before you may be able to send private
massages or received it from anyone.Counting your messages i think you have sent 8 so far just 2 remaining.
Any of the Moderator will advice you further on this.
The current access to the PM privilege is set at 30 posts.
Re: Non EEA family member of EEA/UK dual national
Posted: Fri Mar 31, 2017 10:30 pm
by UkEEAnational
Please please people come forward with the similar case and history help others from your experiences do a good deed
You would not like to be called "illegal"when your married to EEA / UK
Recently some one on told me I'm illegal in the uk bec EEA residence card of 5 years is no longer valid bec husband is uk national so you become illegal
Re: Non EEA family member of EEA/UK dual national
Posted: Mon Apr 03, 2017 11:09 am
by vinny
vinny wrote:Parminder Saini wrote:It is anticipated that the Grand Chamber will hear this matter in 2017
.
May 2017.
Re: Non EEA family member of EEA/UK dual national
Posted: Fri Jul 07, 2017 1:43 pm
by ANGELA LIMA
Hi,
I have a similar situation. I am a non eea family member who has a PR card over 12 months. My husgand who is an EEA and has PR Card as well(over 12 months), wants to apply for BC. My questions :
1) If he applies first for naturalization, can it cause any problem when I apply for my naturalization being an EEA family member?What is the best course of action?
2) What documents I can show as a non eea family member, who doesn't work?
3) When my UK EEA born children(minors) apply after my husband is naturalised, will apply under EEA Law or British?
Thanks in advance.....