Do dual EU-UK citizens have rights under EU law?

Success82 wrote: ↑

Fri Feb 23, 2018 2:05 pm

pusched wrote: ↑

Fri Feb 23, 2018 1:21 pm

Success82 wrote: ↑

Fri Feb 23, 2018 12:28 pm

I am a silent reader of this forum like Salu(post above) and i started following the board back in December 2012 when i applied for my 5year EEA residence card and shared my timeline and this is my story (I hope this encourage everyone in dual eea/uk cases).......I got married to EU citizen in November 2012, applied for residence card in December 2012, got my 5yr residence vignette in my passport in Feb 2013, happily married and now have a 4year hold child. In 2016, I naively and stupidly encourage my wife to obtain British citizenship not aware of HO dual eu citizen misinterpretation of eu law, so she became british citizen. I realised the mess HO created that i dragged my family in last year when I was preparing to apply for PR and read bout 'Lounes T case'. I waited until after the judgement of 14 November and was prepared for battle with Home office. I applied for PR in December 2017 and had been having sleepless night from the fear of refusal, appeal and tribunal (As i have family, career and mortgage at stake). To God be the glory, I receieved a sign for delivery from HO today with all our documents and passports and a letter that my PR card has been issued and will receive it in the post in 10 working days. I almost fainted with joy and started praising God has i have bn praying for successful application. I will encourage everyone in this situation to apply for PR, mayb attach Lounes judgement, pray and wait(this is my story).

Thank you so much for sharing! It is great to hear success stories

I got married a year later than you so we will be applying early December. Out of curiosity does the letter mention you being apply to apply for BC straight away?

The 3rd page of the lettet states:
When can I apply for British Citizen?
If you are spouse or CP of british citizen, you can apply for British citizen as soon as you receive your PR card, provided you meet the relevant criteria.
2nd paragraph states if you are not the spouse or civil partner of BC, you must have held PR card for at leasr 12 month before you appy.
I wish you all the best.

Navaro2 wrote: ↑

Fri Feb 23, 2018 4:31 pm

UK is still under EU regulations and will be till or even after Brexit.
However ECJ is going to be the arbiter for next 8 years after Brexit so every court will challenge HO.
That letter was absolutely wrong without any sense

Unluckyeea2 wrote: ↑

Fri Feb 23, 2018 4:46 pm

In my thoughts EEA citizens are covered by Brexit Withdrawal Agreement so only EEA citizenship holders will be eligible for EEA rules even after Brexit but what about dual EEA/UK citizens who are covered by Lounes judgement ? thanks to all .

Navaro2 wrote: ↑

Fri Feb 23, 2018 3:44 pm

Please can you tell me if you apply at the time your 5 year residence was close to expire?
You mentioned you sent Lounes ruling copy and covering letter. Did you refer to Lounes in your letter mainly? or you pointed out different circumstances as well ????????

Unluckyeea2 wrote: ↑

Fri Feb 23, 2018 3:53 pm

@Success82 ,
thank you for updates . Did you submit your sponser's EEA passport ,Document certifying Permanent Card (Blue card) , EU ID card and British passport along with other supporting documents and application form ? I am confused that my EU ID is going to be expired by the time my families being 5Years in UK for applying PR . updates please . thank you for sharing stories .

Success82 wrote: ↑

Fri Feb 23, 2018 12:28 pm

I am a silent reader of this forum like Salu(post above) and i started following the board back in December 2012 when i applied for my 5year EEA residence card and shared my timeline and this is my story (I hope this encourage everyone in dual eea/uk cases).......I got married to EU citizen in November 2012, applied for residence card in December 2012, got my 5yr residence vignette in my passport in Feb 2013, happily married and now have a 4year hold child. In 2016, I naively and stupidly encourage my wife to obtain British citizenship not aware of HO dual eu citizen misinterpretation of eu law, so she became british citizen. I realised the mess HO created that i dragged my family in last year when I was preparing to apply for PR and read bout 'Lounes T case'. I waited until after the judgement of 14 November and was prepared for battle with Home office. I applied for PR in December 2017 and had been having sleepless night from the fear of refusal, appeal and tribunal (As i have family, career and mortgage at stake). To God be the glory, I receieved a sign for delivery from HO today with all our documents and passports and a letter that my PR card has been issued and will receive it in the post in 10 working days. I almost fainted with joy and started praising God has i have bn praying for successful application. I will encourage everyone in this situation to apply for PR, mayb attach Lounes judgement, pray and wait(this is my story).

chaoscontrol wrote: ↑

Fri Feb 23, 2018 5:21 pm

Success82 wrote: ↑

Fri Feb 23, 2018 12:28 pm

I am a silent reader of this forum like Salu(post above) and i started following the board back in December 2012 when i applied for my 5year EEA residence card and shared my timeline and this is my story (I hope this encourage everyone in dual eea/uk cases).......I got married to EU citizen in November 2012, applied for residence card in December 2012, got my 5yr residence vignette in my passport in Feb 2013, happily married and now have a 4year hold child. In 2016, I naively and stupidly encourage my wife to obtain British citizenship not aware of HO dual eu citizen misinterpretation of eu law, so she became british citizen. I realised the mess HO created that i dragged my family in last year when I was preparing to apply for PR and read bout 'Lounes T case'. I waited until after the judgement of 14 November and was prepared for battle with Home office. I applied for PR in December 2017 and had been having sleepless night from the fear of refusal, appeal and tribunal (As i have family, career and mortgage at stake). To God be the glory, I receieved a sign for delivery from HO today with all our documents and passports and a letter that my PR card has been issued and will receive it in the post in 10 working days. I almost fainted with joy and started praising God has i have bn praying for successful application. I will encourage everyone in this situation to apply for PR, mayb attach Lounes judgement, pray and wait(this is my story).

Could you please share some more info with us all stressing out here :
1. did you been receiving any benefits when you applied or maybe before ?
2. what did write down in your cover letter? was it just something like "I included a printout of Lounes CJEU ruling because this is changing the 2012 McCarthy ruling and Dual cit. not losing their European rights anymore" ? or it was longer explaining why etc. or you written somethinh else in your cover letter ?
3. do you included only printout of Lounes case and cover letter or something else too ?
4. did you just show them a proof that you been 'exercising your treaty rights' by living with your wife or you sended your payslips/p60's aswell ?

will appreciate if you share more details with us cause there may be something crucial when we will apply and why HO accepted your app. Thanks again.

reynaldogr wrote: ↑

Fri Feb 23, 2018 5:29 pm

chaoscontrol wrote: ↑

Fri Feb 23, 2018 5:21 pm

Success82 wrote: ↑

Fri Feb 23, 2018 12:28 pm

I am a silent reader of this forum like Salu(post above) and i started following the board back in December 2012 when i applied for my 5year EEA residence card and shared my timeline and this is my story (I hope this encourage everyone in dual eea/uk cases).......I got married to EU citizen in November 2012, applied for residence card in December 2012, got my 5yr residence vignette in my passport in Feb 2013, happily married and now have a 4year hold child. In 2016, I naively and stupidly encourage my wife to obtain British citizenship not aware of HO dual eu citizen misinterpretation of eu law, so she became british citizen. I realised the mess HO created that i dragged my family in last year when I was preparing to apply for PR and read bout 'Lounes T case'. I waited until after the judgement of 14 November and was prepared for battle with Home office. I applied for PR in December 2017 and had been having sleepless night from the fear of refusal, appeal and tribunal (As i have family, career and mortgage at stake). To God be the glory, I receieved a sign for delivery from HO today with all our documents and passports and a letter that my PR card has been issued and will receive it in the post in 10 working days. I almost fainted with joy and started praising God has i have bn praying for successful application. I will encourage everyone in this situation to apply for PR, mayb attach Lounes judgement, pray and wait(this is my story).

Could you please share some more info with us all stressing out here :
1. did you been receiving any benefits when you applied or maybe before ?
2. what did write down in your cover letter? was it just something like "I included a printout of Lounes CJEU ruling because this is changing the 2012 McCarthy ruling and Dual cit. not losing their European rights anymore" ? or it was longer explaining why etc. or you written somethinh else in your cover letter ?
3. do you included only printout of Lounes case and cover letter or something else too ?
4. did you just show them a proof that you been 'exercising your treaty rights' by living with your wife or you sended your payslips/p60's aswell ?

will appreciate if you share more details with us cause there may be something crucial when we will apply and why HO accepted your app. Thanks again.

chaoscontrol,

i believe almost all your questions have been answered by success82, please read all the post above. I have also asked you a couple of questions RE your MP position on the HO reply to your letter.

Many thanks

reynaldogr wrote: ↑

Fri Feb 23, 2018 5:29 pm

chaoscontrol,

I have also asked you a couple of questions RE your MP position on the HO reply to your letter.

Many thanks

chaoscontrol wrote: ↑

Fri Feb 23, 2018 11:04 pm

reynaldogr wrote: ↑

Fri Feb 23, 2018 5:29 pm

chaoscontrol wrote: ↑

Fri Feb 23, 2018 5:21 pm

Success82 wrote: ↑

Fri Feb 23, 2018 12:28 pm

chaoscontrol,

i believe almost all your questions have been answered by success82, please read all the post above. I have also asked you a couple of questions RE your MP position on the HO reply to your letter.

Many thanks

Hi , sorry had no time to properly read everything as been at work till late .. I am shocked with success82`comments !
1. He did not included Lounes`ECJ rulings printout
2. He did not told them anything about `Lounes
3. He not included his British passport !
4. He not explained anything about his Dual citizenship in the cover letter !

That is completely different application !

A. If he did not mention Lounes` - the case worker may been simply not aware about Lounes`.
B. British passport - HO case worker not even seen it !
C. If HO case worker not seen his British passport - she/he thought he is only EU citizen !

I apologye about my morning good mood ..we come to nowhere again .. Success82 story has nothing to do with our PR applications (at least my wifes) because we will be applying by the law and not going to hide the facts .
By the way - HO have right to cancel any PR status/card if they will find it fraudulent later . So I am not going to play with the system .
Is there somebody who applied and included Lounes ruling printout and mentioned that CJEU decision in the cover letter ?
then we need to hear from you ! please if you read that - write to us a message on this forum .

Hi mate,

Just to clarify 3 things about your previous post, to avoid anyone in this forum getting confuse:

1) Success82 did mention that her spouse was BC in the “other nationalities” section of the sponsor. I had personally asked her about this and she answered, with a YES. So she didn’t hide anything to the HO.

2) As the relevant passport for her application is the EEA National (sponsor) you don’t have tu submit your British passport. The form never request that the “other nationality” passport to be sent. Just the EA Passport or Valid ID, will do.

3) Whether or not, anyone choose to mention the Lounes Case on their applications, as you can see, it is just a decision and it is not mandatory. In a healthy immigration system (not the case in UK), would be irrelevant mention this or not, as it shouldn’t affect the outcome of a well informed case worker.

Br

reynaldogr wrote: ↑

Sun Feb 25, 2018 8:03 am

chaoscontrol wrote: ↑

Fri Feb 23, 2018 11:04 pm

reynaldogr wrote: ↑

Fri Feb 23, 2018 5:29 pm

chaoscontrol wrote: ↑

Fri Feb 23, 2018 5:21 pm

Hi , sorry had no time to properly read everything as been at work till late .. I am shocked with success82`comments !
1. He did not included Lounes`ECJ rulings printout
2. He did not told them anything about `Lounes
3. He not included his British passport !
4. He not explained anything about his Dual citizenship in the cover letter !

That is completely different application !

A. If he did not mention Lounes` - the case worker may been simply not aware about Lounes`.
B. British passport - HO case worker not even seen it !
C. If HO case worker not seen his British passport - she/he thought he is only EU citizen !

I apologye about my morning good mood ..we come to nowhere again .. Success82 story has nothing to do with our PR applications (at least my wifes) because we will be applying by the law and not going to hide the facts .
By the way - HO have right to cancel any PR status/card if they will find it fraudulent later . So I am not going to play with the system .
Is there somebody who applied and included Lounes ruling printout and mentioned that CJEU decision in the cover letter ?
then we need to hear from you ! please if you read that - write to us a message on this forum .

Hi mate,

Just to clarify 3 things about your previous post, to avoid anyone in this forum getting confuse:

1) Success82 did mention that her spouse was BC in the “other nationalities” section of the sponsor. I had personally asked her about this and she answered, with a YES. So she didn’t hide anything to the HO.

2) As the relevant passport for her application is the EEA National (sponsor) you don’t have tu submit your British passport. The form never request that the “other nationality” passport to be sent. Just the EA Passport or Valid ID, will do.

3) Whether or not, anyone choose to mention the Lounes Case on their applications, as you can see, it is just a decision and it is not mandatory. In a healthy immigration system (not the case in UK), would be irrelevant mention this or not, as it shouldn’t affect the outcome of a well informed case worker.

Br

Hi , thanks for clearing this out ! this is important .
but somehow I am still unsure if the HO case worker really understood that he are Dual citizen(even if he showed that in `other nationalities`section - may case worker simply not concentrate enough and miss that point ? )
Success 82 may have positive news but his outcome maybe based on different things (one of them: case worker thought he is ordinary EU citizen)

We desperately need to hear somebody else`s story, who mentioned Lounes in his/her PR application .

chaoscontrol wrote: ↑

Sun Feb 25, 2018 12:54 pm

reynaldogr wrote: ↑

Sun Feb 25, 2018 8:03 am

chaoscontrol wrote: ↑

Fri Feb 23, 2018 11:04 pm

reynaldogr wrote: ↑

Fri Feb 23, 2018 5:29 pm

Hi mate,

Just to clarify 3 things about your previous post, to avoid anyone in this forum getting confuse:

1) Success82 did mention that her spouse was BC in the “other nationalities” section of the sponsor. I had personally asked her about this and she answered, with a YES. So she didn’t hide anything to the HO.

2) As the relevant passport for her application is the EEA National (sponsor) you don’t have tu submit your British passport. The form never request that the “other nationality” passport to be sent. Just the EA Passport or Valid ID, will do.

3) Whether or not, anyone choose to mention the Lounes Case on their applications, as you can see, it is just a decision and it is not mandatory. In a healthy immigration system (not the case in UK), would be irrelevant mention this or not, as it shouldn’t affect the outcome of a well informed case worker.

Br

Hi , thanks for clearing this out ! this is important .
but somehow I am still unsure if the HO case worker really understood that he are Dual citizen(even if he showed that in `other nationalities`section - may case worker simply not concentrate enough and miss that point ? )
Success 82 may have positive news but his outcome maybe based on different things (one of them: case worker thought he is ordinary EU citizen)

We desperately need to hear somebody else`s story, who mentioned Lounes in his/her PR application .

Salu will be able to tell us that. He submitted his application on the 1st of Feb, referring to the Lounes case. He is also certainly out of the TA just like us (not the case for Success82 as she is sort of borderline and I believe she was still in the TA). Judging by the timing on success82 application processing times, Salu should have a outcome (hopefully positive), by mid April.

salu wrote: ↑

Mon Feb 26, 2018 12:41 pm

Hello,
From Success82 initial post telling us their story, my understanding is that they are also not covered by TA:
"I got married to EU citizen in November 2012, applied for residence card in December 2012, got my 5yr residence vignette in my passport in Feb 2013..."

As reynaldogr notes in post above, I am certainly not covered by TA, did mention Lounes ruling in the cover letter and attached a copy of the ruling with my application.

Please pray / send positive vibes. I'm trying to stay positive, especially after Success82 story - Thanks again for sharing!!!

Mid April sounds ages away, but I will update you when I hear back from HO. Please share your timeline when/if you send your application.