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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

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

Post by Branok » Fri Apr 13, 2018 3:41 pm

"
Page 1
EEA(FM)

Application for a registration certificate orresidence card as the family member of aEuropean Economic Area (EEA) or Swissnational Any further reference on this form to EEA nationals includes Swiss nationals.

This form is to be used for applications made on or after 22 March 2017

Who this form is for:

You may be able to apply online at https://visas-immigration.service.gov.uk/product/eea-qp. Use this application form if you are unable to apply online and you wish to apply for a registration certificate (if you’re an EEA national) or residence card (if you’re a non-EEA national) as:
• the family member of a relevant EEA national,
• a person who is no longer the family member of a relevant EEA national but you’ve retained your right of residence under EU law, or
• the family member of a British citizen who you lived with in another EEA Member State before returning to the UK (‘Surinder Singh’ judgment)

‘Relevant EEA national’ means an EEA national who is (or was) in the UK as a ‘qualified person’(worker, self-employed, self-sufficient, student, or jobseeker) or has a permanent right of residence in the UK under the EEA Regulations.

Which family members can apply on this form?

If the relevant EEA national only has a right to reside in the UK as a student, you must be the:
• spouse or civil partner of the EEA national, or
• dependent child of the EEA national, or of their spouse/civil partner.

In all other cases, you must be the:

• spouse or civil partner of the relevant EEA national/British citizen,
• child or grandchild of the relevant EEA national/British citizen, or of their spouse/civil partner, and be aged under 21 or dependent, or
• dependent parent or grandparent of the relevant EEA national/British citizen, or of their spouse/civil partner.

You will only be considered for a registration certificate or residence card as the familymember of an EEA national. You will not be considered for anything else. You must use adifferent form if you want to stay for another reason.

Version 03/2017 EEA (FM) - version 03/17"

That refers to the Surinder Singh path

ebi
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Pakistan

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

Post by ebi » Fri Apr 13, 2018 3:47 pm

Latest documents

Premium visa upgrade request form
Updated 13 April 2018FormUKVI

Application registration card
Updated 13 April 2018GuidanceUKVIPart of a collection: Asylum screening and routing (asylum instructions

Apply for a registration certificate or residence card for a family member: form EEA (FM)
Updated 11 April 2018FormUKVIPart of a collection: UK visa, immigration and citizenship application forms

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

Post by Branok » Fri Apr 13, 2018 3:53 pm

ebi wrote:
Fri Apr 13, 2018 3:47 pm
Latest documents

Premium visa upgrade request form
Updated 13 April 2018FormUKVI

Application registration card
Updated 13 April 2018GuidanceUKVIPart of a collection: Asylum screening and routing (asylum instructions

Apply for a registration certificate or residence card for a family member: form EEA (FM)
Updated 11 April 2018FormUKVIPart of a collection: UK visa, immigration and citizenship application forms
For the EEA (FM) form:
"Published 30 January 2015
Last updated 11 April 2018 - hide all updates
11 April 2018
Form has been revised to remove duplicate question.
22 March 2017
Updated application form.
10 June 2016
Updated form for use on or after 10 June 2016.
18 March 2016
Updated form and guidance for use on or after 18 March.
20 July 2015
Updated form and guidance for use on or after 20 July 2015.
31 March 2015
Updated information.
30 January 2015
First published."

The initial wording of the form is the same as the previous one and they have just removed some duplicated questions

silverman123
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Romania

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

Post by silverman123 » Fri Apr 13, 2018 9:07 pm

Hi everyone
I think ebi got the updated news in wrong way.
But pretty sure that we will hear the good news very soon. .
But as you can the see @eubritish who got his extended family member application refused because his spouse is dual nationality.
Now the home office will consider his application again.
This is the second time we see this happening in this forum as it happened once before with Ron121 he was direct family member he was applying for his permanent residence.
Even if they haven't implemented lounes yet but for sure they know the OUTCOME OF ANY SIMILAR CASES LIKE LOUNES and nothing is in their favour at all.
Always remember the law is in our sides.
Keep update guys please.

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

Post by Branok » Sat Apr 14, 2018 9:53 am

Agree, good news is coming soon.

I have a pending EEA EFM application under Lounes so very excited to see that @eubritish application is being reconsidered.

Adalba
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Brazil

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

Post by Adalba » Sun Apr 15, 2018 10:23 am

Good news guys
I am just about to apply.
Not sure Surinder Singh route route or as EEA/FM.
Will speak with a specialist solicitor tomorrow.
Hopefully one of the options will work.

silverman123
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Posts: 110
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Romania

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

Post by silverman123 » Mon Apr 16, 2018 7:15 am

Wish you all the best @Adalba

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

Post by lajis » Mon Apr 16, 2018 9:21 pm

Malik_01 wrote:
Wed Apr 11, 2018 6:12 pm
Guys,

I have found written evidence under the freedom of information act from www.whatdotheknow.com, a UK charity that supports people in their FOI requests.

The link is as below:

https://www.whatdotheyknow.com/request/ ... C.doc.html

Please give your feedback. Hopefully, we will hear some good news soon.

Awan
Hi everyone,

I'm new to the forum. I just saw the post by @Awan and the link to HO's response on whatdotheyknow.com. I'm just wondering what everyone thinks about the authenticity of that response. I found it a bit wird that HO's response is in MS Word format (so essentially anyone can edit the response as they wish) . Do you guys think that response is bad quality or genuine?

reynaldogr
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Posts: 91
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Re: Do dual EU-UK citizens have rights under EU law?

Post by reynaldogr » Tue Apr 17, 2018 11:32 pm

Dear lajis,

I can confirm the above mentioned letter is genuine as I received the same respond few days ago from an authorised home office’s email (public.enquiries@homeoffice.gsi.gov.uk) to my personal inbox, after a consultation I had made few weeks ago.

Br

pusched
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Portugal

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

Post by pusched » Wed Apr 18, 2018 1:01 pm

This file has also been updated in April:

https://assets.publishing.service.gov.u ... s_v5_0.pdf

"British citizens who are also nationals of other EEA member states are not
considered to be ‘EEA nationals’ for the purposes of the Immigration (European
Economic Area) Regulations 2016 (the 2016 regulations). This applies whether or
not the dual national has always resided in the UK.

A family member of a dual national does not have a right of residence under the
regulations on the basis of their relationship to the dual national.

If they do not have a right of residence on any other basis under the 2016
regulations, they will need leave to enter or remain in the UK under the Immigration
Rules."

It doesn't seem like this has been updated, unless I am reading this incorrectly.

pusched
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Portugal

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

Post by pusched » Wed Apr 18, 2018 1:05 pm

Actually just reading the Immigration (European Economic Area) Regulations 2016 and it says:

Family members of British citizens
9.—(1) If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who is the family member (“F”) of a British citizen (“BC”) as though the BC were an EEA national.

(2) The conditions are that—

(a)BC—
(i)is residing in an EEA State as a worker, self-employed person, self-sufficient person or a student, or so resided immediately before returning to the United Kingdom; or
(ii)has acquired the right of permanent residence in an EEA State;
(b)F and BC resided together in the EEA State; and
(c)F and BC’s residence in the EEA State was genuine.
(3) Factors relevant to whether residence in the EEA State is or was genuine include—

(a)whether the centre of BC’s life transferred to the EEA State;
(b)the length of F and BC’s joint residence in the EEA State;
(c)the nature and quality of the F and BC’s accommodation in the EEA State, and whether it is or was BC’s principal residence;
(d)the degree of F and BC’s integration in the EEA State;
(e)whether F’s first lawful residence in the EU with BC was in the EEA State.

Reading this, it looks like Lounes has been implemented. Am I reading it right?

silverman123
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Romania

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

Post by silverman123 » Wed Apr 18, 2018 2:34 pm

Nup this is absolutely wrong.
First the link you have posted is published on 21 April 2017.
Secondly
EEA regulations of 2016 is still the same and not updated yet and family member of British national means SURINDER SINGH.

IN MY VIEWPOINT WHEN THEY WILL UPDATE LOUNES IT WILL BE WRITTEN AND MENTIONED AS LOUNES ROUTE BECAUSE THIS IS A CASE LAW.
SO DON'T PANIC YET EVERYTHING IS STILL THE SAME.
LOUNES HASN'T IMPLEMENTED YET.
AND WHEN THEY IMPLEMENT LOUNES IT WILL APPEAR AS THE SUN
WE WON'T HAVE TO GUESS IT.
GOOD NEWS IS COMING PEOPLE
AND FEW CASES LIKE US HAS BEEN ACCEPTED IN THIS FORUMS AND WE ARE ALL KNOW THIS.

pusched
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Portugal

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

Post by pusched » Wed Apr 18, 2018 3:07 pm

Thanks @silverman123

Got my dates confused. I thought the information for EU Regulations 2016 was coming up under the latest updates.

Anyway, I am sure everything will be fine as the law is on our side :)

Malik_01
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Re: Do dual EU-UK citizens have rights under EU law?

Post by Malik_01 » Sat Apr 21, 2018 10:01 pm

Branok wrote:
Sat Apr 14, 2018 9:53 am
Agree, good news is coming soon.

I have a pending EEA EFM application under Lounes so very excited to see that @eubritish application is being reconsidered.
Hi Branok,

Did you apply for your PR under the Lounes case? if yes, did you get any confirmation back from the HO about how is your application going to be dealt with? as I had a letter sent under the FOI website to a person clearly mentioning that these new applications are on hold until the guidance is issued for the new EEA regulations amendment after case. Excited to hear from you :)

Malik_01
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Joined: Sat Jan 28, 2017 5:27 pm

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

Post by Malik_01 » Sat Apr 21, 2018 10:11 pm

Adalba wrote:
Sun Apr 15, 2018 10:23 am
Good news guys
I am just about to apply.
Not sure Surinder Singh route route or as EEA/FM.
Will speak with a specialist solicitor tomorrow.
Hopefully one of the options will work.
Hi Adalba,

What did your solicitor say?

Thank you

Branok
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Posts: 34
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Re: Do dual EU-UK citizens have rights under EU law?

Post by Branok » Sun Apr 22, 2018 4:22 pm

Malik_01 wrote:
Sat Apr 21, 2018 10:01 pm
Branok wrote:
Sat Apr 14, 2018 9:53 am
Agree, good news is coming soon.

I have a pending EEA EFM application under Lounes so very excited to see that @eubritish application is being reconsidered.
Hi Branok,

Did you apply for your PR under the Lounes case? if yes, did you get any confirmation back from the HO about how is your application going to be dealt with? as I had a letter sent under the FOI website to a person clearly mentioning that these new applications are on hold until the guidance is issued for the new EEA regulations amendment after case. Excited to hear from you :)
No, it's a completely fresh EEA EFM application. Overstayer in a long term relationship with an EEA national who has naturalised. Not heard anything since the COA letter.

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 » Mon Apr 23, 2018 11:52 am

Hi all!

Just a quick note to let you know that my wife has submitted her application for Permanent residence today. Similarly as @ebi did, i'll leave you my wife application timeline below:

Application sent : 23/04/2018
HO received the Application:
Payment taken:
Email confirmation:
Biometric letter:
Biometric enrolled:
C.O.A received:
PR Card:

Keep everyone in the loop.

N.B: we decided not to mention anything RE the Lounes Case. we did mention that i was British in the app though. Hopefully, our application will fall in a misinformed case worker desk and this will act in our advantage so to get the PR processed quicker.

Br

Adalba
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Brazil

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

Post by Adalba » Tue Apr 24, 2018 3:18 pm

Malik_01 wrote:
Sat Apr 21, 2018 10:11 pm
Adalba wrote:
Sun Apr 15, 2018 10:23 am
Good news guys
I am just about to apply.
Not sure Surinder Singh route route or as EEA/FM.
Will speak with a specialist solicitor tomorrow.
Hopefully one of the options will work.
Hi Adalba,

What did your solicitor say?

Thank you
She said my case works as Surinder Singh route.
My wife was born in Jersey and then she moved to Ireland.
After few years she got a Irish citizenship coz her mother is Irish.
She went back to UK and later on was back to Ireland as worker for a British company.
I got my RC through her British citizenship as she was here working and excercising treaty right of movement.
I got a family permit,and now, by the solicitor, I can apply as a British family member coming home from another EEA state, classic Surinder Singh route route.I haven't Applied yet, but when I do it I'll keep you guys posted.

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

Post by salu » Wed Apr 25, 2018 12:55 pm

Hello everyone,
@reynaldogr, good luck with your application. I agree that it's probably not needed to mention Lounes, though I would expect that by declaring the UK citizenship of the EU sponsor, the case will still be in the same pile of those 'on hold'. Hopefully not on hold for long...

I don't have any updates on my application, but I just saw this tweet from the barrister who represented Lounes at the ECJ:
social media weblink removed by moderator

I am not sure I understand what's going on. What does the High Court need to hear a further argument? I thought the ruling was binding, and all the HO needed to do was to update their internal guidance documents. Could this have to do with the fact that Lounes was not after PR, so it might be unclear how the case affects PR for family members of dual citizens? I'm of course thinking of us all!
Does anyone have any thoughts or updates?

Thanks!

ebi
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Pakistan

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

Post by ebi » Wed Apr 25, 2018 5:42 pm

Hi Guys
Parm Saini on Twitter wrote ......

Success! @ukhomeoffice agrees to High Court quashing its decision in light of Lounes Judgment of CJEU. SSHD confirms UK Legislation (Immigration EEA Regs) will be amended to reflect new Derivative Residence Rights. I appeared for Lounes. #EUCitizensRights #FightingToBeBritish

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