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

chaoscontrol
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Posts: 103
Joined: Mon Nov 27, 2017 1:12 am
Latvia

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

Post by chaoscontrol » Tue Mar 13, 2018 7:27 pm

Dear Obie or anyone law educated :

Could you please read all that and explain to me and all us here relying on Lounes judgement :

what does the new DRAFT AGREEMENT from 28.th of February means for us Dual British/European ?

Is there any hope for us on this Draft agreement ?

https://europeanlawblog.eu/2018/03/05/l ... nd-brexit/

Thank you.

pusched
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Joined: Sun Nov 26, 2017 12:05 am
Portugal

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

Post by pusched » Tue Mar 13, 2018 8:00 pm

The intro kinda sums it up:

"Lounes has now added an interesting twist to this situation. The essence of this judgment is that a migrant Union Citizen who naturalizes cannot be compared to a native citizen – their migrant history means that they should be treated differently, and continue to enjoy the rights they had as a migrant. It holds out the possibility of the best of both worlds for the potential Brexit victim. On the one hand, all the security that comes with possessing the nationality of their host state. On the other, all the privileges that come with being seen as a migrant in EU law. The draft Withdrawal Treaty, published on 28th February, seems to take this approach too."

This is NOT the final treaty so still pending. Either way this won't apply until Brexit or transitional period - still all up in the air but the fact that we are seeing positive outcomes in this forum is hope for all of us. We are seem to be applying for EEA PR before Brexit (even though I will only apply in December so rather close to it!).

Unluckyeea2
Junior Member
Posts: 88
Joined: Thu Feb 08, 2018 3:25 pm

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

Post by Unluckyeea2 » Sat Mar 17, 2018 2:11 pm

Hello everyone . Thank you for update .
@Pusched and Chaoscontrol I can't understand what these post mean is it meaning after Brexit no applying Lounes Judgement ? Could someone explain in simple way please
?
@Salu and Ron121 any news from HO ? Please update . Thanks to all for sharing stories .

salu
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Posts: 22
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Re: Do dual EU-UK citizens have rights under EU law?

Post by salu » Mon Mar 19, 2018 10:16 am

Hello,
no news from the HO yet.
Trying to stay positive.
Massive thanks to all who are sharing, especially Success82, for giving us hope!!!
I would have gone mad already without this forum.
I'll keep you posted.

pusched
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Portugal

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

Post by pusched » Wed Mar 21, 2018 6:27 pm

Unluckyeea2 wrote:
Sat Mar 17, 2018 2:11 pm
Hello everyone . Thank you for update .
@Pusched and Chaoscontrol I can't understand what these post mean is it meaning after Brexit no applying Lounes Judgement ? Could someone explain in simple way please
?
@Salu and Ron121 any news from HO ? Please update . Thanks to all for sharing stories .
At the moment it doesn't mean anything as nothing has been confirmed but it gives us hope. Also it looks like the UK and EU agreed on some terms for the transitional period including free movement until end of 2020 which includes anyone from the EU that moves here until end of 2020 will have the same rights as someone who was here before March 19. The UK did not want this originally but they have agreed to it so it shows the UK is not playing a hard ball.

The HO would lose the majority if not all appeals so I can't see them wanting to waste time and money.

The key at the moment for all of us on this EU-UK dual citizenship boat is to share our experiences, good or bad.

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

Post by eubritish » Wed Mar 21, 2018 10:51 pm

My extended family member application has also been refused because I am a dual national, which is what I was expecting.

I cannot appeal yet because the refusal is under 2016 regulations which don't allow appeal against refusal of EEA FP to Extended Family Member. Waiting for the opinion of ECJ on 10 April before I will lodge the appeal to First Tier Tribunal.

pusched
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Portugal

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

Post by pusched » Wed Mar 21, 2018 10:57 pm

eubritish wrote:
Wed Mar 21, 2018 10:51 pm
My extended family member application has also been refused because I am a dual national, which is what I was expecting.

I cannot appeal yet because the refusal is under 2016 regulations which don't allow appeal against refusal of EEA FP to Extended Family Member. Waiting for the opinion of ECJ on 10 April before I will lodge the appeal to First Tier Tribunal.
So sorry to hear this! What is happening on the 10th April with ECJ?

Also when you say Extended Family Member, does that mean it isn't your partner?

Obie
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Location: UK/Ireland
Ireland

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

Post by Obie » Wed Mar 21, 2018 11:24 pm

I will advise someone in your shoes to seek remedy by filing a notice of appeal. If the notice is refused then you can use that as proof if Banger comes out favourably.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

Ron121
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Guam

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

Post by Ron121 » Fri Mar 23, 2018 5:02 pm

Hi NAV .yes I hired Solicetor .and I’m finally received my PR card :D

Unluckyeea2
Junior Member
Posts: 88
Joined: Thu Feb 08, 2018 3:25 pm

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

Post by Unluckyeea2 » Fri Mar 23, 2018 6:49 pm

Hello everybody . Thanks to all for updates and sharing stories .
@Ron121 congratulations for winning battle for PR , You gave us hope .
@Salu thank you for update and hope your PR is on the way .
@Pushed and @Obie thank you for updates .

I am preparing my families PR application in few months . we live in rented accommodation and water gas bills are included in rent and pay only electricity but with top up payment so we have only in joint name with my wife is council tax . Bank account also in individual names . Ron121 please share your experience with us that
what kind of proof you needed to prove that you are living together with your sponsor for qualifying period of PR . Thanks to all and appreciate for advice .please keep updating .

silverman123
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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 » Fri Mar 23, 2018 8:59 pm

Hi @Ron 121.
Congratulations man.
You gave us a great hope that everyone needs.
So will the HO allowed you to apply for british citizenship straight away?
Or you have to wait for one year?
Many thanks in advance.
I will apply next month i will update everyone once I hear any news

pusched
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Posts: 37
Joined: Sun Nov 26, 2017 12:05 am
Portugal

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

Post by pusched » Fri Mar 23, 2018 9:09 pm

silverman123 wrote:
Fri Mar 23, 2018 8:59 pm
Hi @Ron 121.
Congratulations man.
You gave us a great hope that everyone needs.
So will the HO allowed you to apply for british citizenship straight away?
Or you have to wait for one year?
Many thanks in advance.
I will apply next month i will update everyone once I hear any news
Good luck! Hope it all goes well - Looking forward to a positive outcome!

chaoscontrol
Member
Posts: 103
Joined: Mon Nov 27, 2017 1:12 am
Latvia

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

Post by chaoscontrol » Sun Mar 25, 2018 1:30 pm

Hi everyone ,thanks for updating guys , I will apply next week based on CJEU Lounes judgement (with cover letter), have no choice anyway , if HO refuse PR = will go to court .

There is no mention of Dual citizens in new Draft agreement ,also nowhere in Decembers agreement with EU , so it looks like we all are just ignored by UK government and EU (or they doing it specially , to avoid us having rights what we had before we naturalised) .


2 years transitional period confirmed last week . So UK under CJEU jurisdiction till 31.dec 2020.
UK can`t avoid to implement Lounes ruling now , the question is - how they going to do that ?

Guru`s and law educated people in here any ideas how this may happen ?
3 years should be enough for EU commission to `press` on UK in case Lounes is not implemented in this time ?

chaoscontrol
Member
Posts: 103
Joined: Mon Nov 27, 2017 1:12 am
Latvia

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

Post by chaoscontrol » Sun Mar 25, 2018 9:46 pm

just realised :

there is a new version of PR application form 2018 :
https://www.gov.uk/government/uploads/s ... -01-18.pdf

I gone through it with my eyes and as much as I can see - nothing is changed regards to Dual citizens ?


Also I already filled `old` one -previous 2016 version , do I am still fine to send it ?

Thanks anyone for replying and advice .

pusched
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Joined: Sun Nov 26, 2017 12:05 am
Portugal

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

Post by pusched » Sun Mar 25, 2018 10:37 pm

I would not risk it. All the best of luck!

Let us know how it goes!

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 » Mon Mar 26, 2018 10:58 am

Hello everyone.
Thanks all for your updates
I think if I'm not wrong that article 21 has covered in withdrawal agreement by giving EQUAL TREATMENT to EU and UK and their FAMILY
BY SAYING
All union citizens and united Kingdom RESIDING ON THE BASIS OF THIS AGREEMENT IN THE TERRITORY OF THE HOST SHALL ENJOY EQUAL TREATMENT WITH THE NATIONAL OF THAT STATE WITHIN THE SCOPE OF THIS PART..
AND THE BENEFITS OF THIS RIGHTS SHALL BE EXTENDED TO THEIR FAMILY MEMBERS.
And LOUNES WAS protected under ARTICLE 21
https://www.google.co.uk/url?sa=t&sourc ... GyrjJpv-aE

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 » Mon Mar 26, 2018 11:05 am

One's again updated from how office.

https://www.gov.uk/government/publicati ... march-2018

Unluckyeea2
Junior Member
Posts: 88
Joined: Thu Feb 08, 2018 3:25 pm

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

Post by Unluckyeea2 » Mon Mar 26, 2018 1:19 pm

Hi everyone !
Thanks to all for updating and sharing stories .
@ Chaoscontrol good luck , cover letter including print of Lounes ECJ judgement and 17 January Sivkumar judgement with application may be better to explain them that if they want us to go to court they will not win but this is only my guess . I will not waste single day for families application because of Brexit is on corner and we do not know what rights will have dual nationals after that but we are waiting to complete five years resident . If they refuse we go to court early and judgement day comes early then court will force them issues PR early if we have to go to court at end of Brexit or after that makes me worried . I hope and wish don't have to go to court . Waiting out come of Salu's PR and his is exactly similar to ours everything after TA date line .Thank yo to all for updates and please keep updates it cost nothing sharing stories it will help others too .

ebi
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Pakistan

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

Post by ebi » Mon Mar 26, 2018 6:29 pm

Non EEA family member of dual nationals Eu/Uk Permanent Residence Application.
Here is my time line

Application sent : 19/03/2018
HO received the Application 20/03/2018
Payment taken: 21/03/2018
Email confirmation: 26/03/2018
Biometric letter:
Biometric enrolled:
C.O.A received:
PR Card:

Unluckyeea2
Junior Member
Posts: 88
Joined: Thu Feb 08, 2018 3:25 pm

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

Post by Unluckyeea2 » Mon Mar 26, 2018 7:27 pm

Hi ebi ! Thank you and welcome to joining this Great forum for sharing stories .Could you please explain in details how did you apply application by yourself or Lawyer and when your spouse naturalised as BC ,when did you first apply for family permit or RC please ? We are on same boat so it will help us by sharing experiences each other . Thanks to all for updates .

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