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

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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Obie
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Location: UK/Ireland
Ireland

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

Post by Obie » Sat Mar 10, 2018 3:40 pm

Success82 wrote:
Sat Mar 10, 2018 12:05 pm
. I urge everyone on this forum to be possitive and encourage each other instead of creating fear of unkown as this weigh people down emotionally and psycologically. I wish you all the best
I am not a great fan of the English Language and i make no boast of being knowledgeable of it. However i believe that by definition a person creating fear or fright is a Scaremonger.

Based on the statement you posited, I am not sure that i wrongly accused you.

I will give you a small example.

Since February 2017, i have received 12 application decision on ID requirements. 3 of those applicants did not produce ID and were granted, as Home Office accepted the explanition given. Similar explanitions were given for a further 6 of those case, which were refused and an appeal pending, and the other 3 were overturned following a threat of JR.

It will be silly on the basis of those 6 successful cases for me to come on the forum and say that don't worry people, don't send ID, and you will get residence. That will be wholly reckless.

It is safer for me to say, the requirement to provide an ID is unlawful and there is a high prospect of success. That will be the most accurate thing to say, will it not, even though i have seen some of my cases without ID being successful.
Black life matters.

reynaldogr
Junior Member
Posts: 91
Joined: Wed Feb 14, 2018 4:55 pm

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

Post by reynaldogr » Sat Mar 10, 2018 3:53 pm

Obie wrote:
Sat Mar 10, 2018 12:29 pm
I don't think anyone is creating fear, and the people saying that they are likely to refuse are very correct.

Since the Lounes case I have dealt with 2 refusals and in both of the decisions which postdates Lounes, the Home office Quote the regulation 2 definition of EEA national and refused the application. They simply ignored the representations made in relation to Lounes.

So please do not accuse people here of scaremongering.
Hi Obie,

May i know if in these 2x cases you made reference to, the applicants have mentioned the Lounes Case in their applications? Hope this question will be answer in some point

Many thanks

silverman123
Member
Posts: 110
Joined: Tue Mar 06, 2018 5:05 pm
Romania

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

Post by silverman123 » Sat Mar 10, 2018 4:03 pm

I'm totally agree with success82.
The guy is thinking positively specially he was in our situations one day.
Although that he still cares about giving all of us the hope.
I will apply for my PR next month God only knows how i feel.
I'm already panic and i don't sleep at all.
So every time i open my Internet I'm searching for some hopes.
Like success82 and ron121 and wish all the best to salu because he applied last month.
In the same time i respect obie opinion .
Here is my opinion too
As is not really easy to say yes to who those holding dual nationality but in the same time if they will go to court the home office will lose it plus hassle and the coast so what is the point!!!???
Let's support each other here and many thanks to everyone who is trying to help and advice us on every step we do.

pusched
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Portugal

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

Post by pusched » Sat Mar 10, 2018 5:35 pm

I agree with success82.

It is important for people to share their experiences and use it when applying for whatever we need.

Yes it is scary to think HO may refuse the application but remember the law is in our side for now but there's not much we can do but learn of other's experience and do what we need to do. Do all you can when applying, try to be positive but be prepared for the worst. No it isn't ideal and everyone's situation is different but what is the other option? To freak out for weeks/months?

The more I have read about it, the more it is clear the HO will lose. It is illegal after all whether they like it or not. Yes Brexit is just over a year away but there is still the transitional period which will be at least another 2 years and what is becoming clear is that the UK cannot afford to play hard to get. The other EU countries have a point to prove after all.

Yes some cases may be refused due to a useless staff or lack of information from their superiors but they will not want to go to court for every single case and lose so things will eventually change.

Unluckyeea2
Junior Member
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Joined: Thu Feb 08, 2018 3:25 pm

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

Post by Unluckyeea2 » Sun Mar 11, 2018 11:50 am

Dear moderators ,senior Gurus and friends thanks to all for posting updates and sharing stories experiences in this forum to help thousands people . My intention is not creating fear to other friends I am on same boat and worried about mess I got in unknowly if I had known or read this forum before naturalization then I wouldn't be in this mess now it is useful to share stories and views.
I am worried is that Sivkumar hearing was 17 January 2018 after two months 14 November Lounes judgement from ECJ and still HO was refusing to implementing Lounes and fighting in court .I concerned is that if we have to court or PR and RC is not issued before March 2019 and cases are waiting in courts then what kind of status will be the people who are affected ?
@ Pusched they are talking that free movement of people will end during transitional period as soon as Breixit that mean diffrent EEA rule for transitional period ? After Brexit dual nationals Lounes will continue like sole EU citizens rights agreed in Brexit withdrawal Agreement ? Thanks to all for posting updates and sharing views experiences and stories .

Ron121
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Guam

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

Post by Ron121 » Mon Mar 12, 2018 6:41 pm

!!!update !!!!! Hello everyone.im so happy today :D today my Solicetor inform me that the ukvi has written to confirm grant of permanent residence state.i wish all the best to all of you

Unluckyeea2
Junior Member
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Re: Do dual EU-UK citizens have rights under EU law?

Post by Unluckyeea2 » Mon Mar 12, 2018 7:19 pm

@ Ron121 Congratulations ! Good news . Thank you for updates .They asked you to send evidence that your wife exercised treaty rights for five years is that before becoming BC or after that ? Updates please . Thank you .

Ron121
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Guam

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

Post by Ron121 » Mon Mar 12, 2018 7:30 pm

Hi unluck.the ask me to send 5 year of my wife employment from date of marriage May2012 To May 2017 .

Unluckyeea2
Junior Member
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Re: Do dual EU-UK citizens have rights under EU law?

Post by Unluckyeea2 » Mon Mar 12, 2018 7:43 pm

Hi Ron121 , Thank you for updates . I don't have utilities bills on our name because water,gas and electricity is included in rents so only have council tax bills and TV licence bill .We don't have joint bank account but individual accounts so what evidences they ask for proof of living together updates please . Thank you .

Unluckyeea2
Junior Member
Posts: 93
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Re: Do dual EU-UK citizens have rights under EU law?

Post by Unluckyeea2 » Mon Mar 12, 2018 7:44 pm

Hi Ron121 , Thank you for updates . I don't have utilities bills on our name because water,gas and electricity is included in rents so only have council tax bills and TV licence bill .We don't have joint bank account but individual accounts so what evidences they ask for proof of living together updates please . Thank you .

Unluckyeea2
Junior Member
Posts: 93
Joined: Thu Feb 08, 2018 3:25 pm

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

Post by Unluckyeea2 » Mon Mar 12, 2018 7:44 pm

Hi Ron121 , Thank you for updates . I don't have utilities bills on our name because water,gas and electricity is included in rents so only have council tax bills and TV licence bill .We don't have joint bank account but individual accounts so what evidences they ask for proof of living together updates please . Thank you .

Unluckyeea2
Junior Member
Posts: 93
Joined: Thu Feb 08, 2018 3:25 pm

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

Post by Unluckyeea2 » Mon Mar 12, 2018 7:50 pm

Dear friends I am typing on mobile so accidentally became multi posts for same post .I am sorry .Thank you to all for updates .

Ron121
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Guam

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

Post by Ron121 » Mon Mar 12, 2018 7:59 pm

Hi unluck. This what my Solicetor ask me to send to the .just avdance of work . !!!!As you are aware the UKVI wrote to confirm that they have withdrawn their decision to refuse your application for permanent residence and requested that you forward to them evidence of your wife’s exercise of treaty rights for a continuous period of five years (from the time you became a family member - i.e. in 2012).

Unluckyeea2
Junior Member
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Re: Do dual EU-UK citizens have rights under EU law?

Post by Unluckyeea2 » Mon Mar 12, 2018 8:10 pm

@ Ron121 , Thank you for updates and please keep updating as you receive PR card . Congratulations again . Thank you .

silverman123
Member
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Romania

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

Post by silverman123 » Mon Mar 12, 2018 9:44 pm

Hi ron 121.
I'm sooooooooo happy for you man.
Big big Big congratulations wish you all the best on every step you do.
Can you please do me a favour if you can send me your solicitor contact or website i will apply next month and i need a good solicitor Greatly appreciate if you can me.
Many thanks in advance.

Ron121
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Joined: Sun Feb 18, 2018 6:04 pm
Guam

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

Post by Ron121 » Mon Mar 12, 2018 9:48 pm

Hi silver.

moderator obie edit> details of solicitor cannot be added on the forum, please desist.

silverman123
Member
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Joined: Tue Mar 06, 2018 5:05 pm
Romania

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

Post by silverman123 » Mon Mar 12, 2018 9:59 pm

]
Hi ron 121

moderator obie edit> details of solicitor cannot be added on the forum, please desist.
😞😞😢😢
No other ways???

[

silverman123
Member
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Romania

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

Post by silverman123 » Mon Mar 12, 2018 10:51 pm

Dear moderator obie.
Is there is anyway that Ron 121 contact me away from this forum?
By leaving the my email
Please let me know by yes or no?
Thanks.

Success82
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Re: Do dual EU-UK citizens have rights under EU law?

Post by Success82 » Tue Mar 13, 2018 11:12 am

Congratulation @ Ron121 for finally securing your PR card, I am happy for you and I hope others will find solace in this good news and see light at the end of the tunnel.

Wish you all the best

Navaro2
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Location: Lindford

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

Post by Navaro2 » Tue Mar 13, 2018 11:56 am

Hi Ron121

Congratulations you made it man!!!
I just want to ask you if you hired yours solicitor after your first application was rejected only or just before the appeal ?
Another question is if you both gave HO all your detailed absences from UK in your first application since that time you got married and what evidence of your living together did you attach in your first application?
Was it like bills, council tax bill letters, bank statements, tenancy agreements etc.


Thanks

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