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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.

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

Post by confusedandsad » Fri Jun 16, 2017 12:55 pm

Apologies I was using the wrong word

My fiance has a spanish passport and british residency. She will be able to apply for her passport/citizenship next year. She still has not done so.

Does this case law still apply to me?

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

Post by vinny » Fri Jun 16, 2017 2:32 pm

Safest for her to naturalise after you have acquired PR. Then, you won't have to rely on the Judgment.
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Re: Do dual EU-UK citizens have rights under EU law?

Post by confusedandsad » Fri Jun 16, 2017 2:37 pm

We are planning on getting married in August. Then I will apply for a spouse visa under european law using her spanish passport/citizenship. Once I have the spouse visa are you saying it is better we wait 5 years until I have permanent residency before she naturalises? Once I am on the spouse visa wont it be valid for 5 years? Or are yous saying that, the moment my partner gets her british citizenship also, even after I have been granted a spouse visa, they will cancel my spouse visa and I will have to apply for a fresh visa using british law?

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

Post by confusedandsad » Mon Jun 19, 2017 6:58 pm

Hi all, if I am given the EEA residence card and then my wife becomes a british citizen (already a spanish citizen) I have been told my EEA residence card becomes void.

On this basis, can my wife remain a british resident for 5 years and then apply for citizenship once I get PR?

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

Post by Casa » Mon Jun 19, 2017 7:00 pm

confusedandsad wrote:Hi all, if I am given the EEA residence card and then my wife becomes a british citizen (already a spanish citizen) I have been told my EEA residence card becomes void.

On this basis, can my wife remain a british resident for 5 years and then apply for citizenship once I get PR?
Yes, depending on the post-Brexit terms.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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

Post by confusedandsad » Mon Jun 19, 2017 8:00 pm

Thanks, that was the one caveat I forgot to include.

The only reason why My wife (to be) got her British residency was because of Brexit to avoid any potential issues.

Assuming no changes in immigration laws.

If I get my EEA residence card is there a real risk in my EEA residence becoming void if she applies for citizenship straight after I receive the EEA residence? This is the first time I have heard that a decision can be retrospective.

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

Post by Casa » Tue Jun 20, 2017 6:07 pm

confusedandsad wrote:Thanks, that was the one caveat I forgot to include.

The only reason why My wife (to be) got her British residency was because of Brexit to avoid any potential issues.

Assuming no changes in immigration laws.

If I get my EEA residence card is there a real risk in my EEA residence becoming void if she applies for citizenship straight after I receive the EEA residence? This is the first time I have heard that a decision can be retrospective.
YES. As CR001 has already correctly advised. :!:

I see that earlier in this thread you state: "She has a spanish passport and she has just been given her british citizenship." Which is correct :?:
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Re: Do dual EU-UK citizens have rights under EU law?

Post by confusedandsad » Tue Jun 20, 2017 7:18 pm

She has her british residence card and can apply from january 18 for her citizenship

I was confusing the two

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

Post by Cupcake567 » Thu Jun 22, 2017 5:08 pm

confusedandsad wrote:We are planning on getting married in August. Then I will apply for a spouse visa under european law using her spanish passport/citizenship. Once I have the spouse visa are you saying it is better we wait 5 years until I have permanent residency before she naturalises? Once I am on the spouse visa wont it be valid for 5 years? Or are yous saying that, the moment my partner gets her british citizenship also, even after I have been granted a spouse visa, they will cancel my spouse visa and I will have to apply for a fresh visa using british law?

Good evening,

Could any of the Administrators advise on the above question asked by confusedandsad?

Also, do you have any experience if an non-European citizen is applying for family permit to join EEA spouse and is granted and after some months EEA citizen is applying for British Citizenship that BC application can be refused? Are these two related?

Many thanks.

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

Post by pochaco » Thu Jun 22, 2017 7:10 pm

The EEA citizen's application for British citizenship will not be refused. However, according to the current legislation at the very moment of pledging allegiance to Her Majesty the new British citizen's spouse will lose his/her status as a family member of an EEA citizen.

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

Post by confusedandsad » Fri Jun 23, 2017 12:17 pm

Does that mean they will be staying in the country illegally once the partner getrs their british passport or is there some timeframe they are given to put in an application to receive the spouse visa under british law?

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

Post by Casa » Fri Jun 23, 2017 12:34 pm

confusedandsad wrote:Does that mean they will be staying in the country illegally once the partner getrs their british passport or is there some timeframe they are given to put in an application to receive the spouse visa under british law?
A spouse visa is unlikely to be granted unless the application is submitted from outside of the UK.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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

Post by Casa » Fri Jun 23, 2017 12:36 pm

vinny wrote:Safest for her to naturalise after you have acquired PR. Then, you won't have to rely on the Judgment.
Vinny has already given good advice is his previous post. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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

Post by Richard W » Fri Jun 23, 2017 11:34 pm

Casa wrote:
confusedandsad wrote:Does that mean they will be staying in the country illegally once the partner getrs their british passport or is there some timeframe they are given to put in an application to receive the spouse visa under british law?
A spouse visa is unlikely to be granted unless the application is submitted from outside of the UK.
The correct timing would be to receive the 'visa' before the partner's naturalisation. The partner who is not a 'qualified person' would then satisfy the immigration requirements for leave to remain, E-LTRP.2.1 by not being in breach of immigration laws, or even 'in breach of the immigration laws' (as present in accordance with the EEA Regulations), not a visitor, and not in possession of leave granted for 6 months or less.

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

Post by Casa » Sat Jun 24, 2017 1:54 am

Richard W wrote:
Casa wrote:
confusedandsad wrote:Does that mean they will be staying in the country illegally once the partner getrs their british passport or is there some timeframe they are given to put in an application to receive the spouse visa under british law?
A spouse visa is unlikely to be granted unless the application is submitted from outside of the UK.
The correct timing would be to receive the 'visa' before the partner's naturalisation. The partner who is not a 'qualified person' would then satisfy the immigration requirements for leave to remain, E-LTRP.2.1 by not being in breach of immigration laws, or even 'in breach of the immigration laws' (as present in accordance with the EEA Regulations), not a visitor, and not in possession of leave granted for 6 months or less.
Are you referring to a FLR(M) visa or PR under EEA Regulations :?: The point in my post is that switching from the EEA route into FLR(M) under the Immigration Rules (as reported by members on the forum) is generally refused.
One fairly recent example:
immigration-for-family-members/flr-m-re ... ?hilit=Flr
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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

Post by Richard W » Tue Jun 27, 2017 12:19 am

Casa wrote:Are you referring to a FLR(M) visa or PR under EEA Regulations :?: The point in my post is that switching from the EEA route into FLR(M) under the Immigration Rules (as reported by members on the forum) is generally refused.
One fairly recent example:
immigration-for-family-members/flr-m-re ... ?hilit=Flr
The officer does appear to have confused having leave to remain with not being in breach of immigration law. However, it is unclear that the wife in this case is not in breach of the immigrations laws. Her not being in breach depends on her not being in need of leave to remain, and it will be argued that she needed leave to remain once her husband became British. (The Lounes ruling, once it's given, may overturn this.) I made the point that leave to remain as a partner has to be applied for (and obtained) before the other partner becomes British.

My hazy recollection is that leave to remain was required at one time, but that this was relaxed to allow simply not requiring it - 'not in breach of immigration laws'.

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how long HO will take time after win the appeal

Post by Rehan84uk » Tue Jun 27, 2017 4:40 am

DEAR SIRS,
I have question that how long home office will take time to issue the PR card after Court decision ?

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Re: how long HO will take time after win the appeal

Post by Casa » Tue Jun 27, 2017 7:46 am

Rehan84uk wrote:DEAR SIRS,
I have question that how long home office will take time to issue the PR card after Court decision ?
No one can answer that....anything would be simply guesswork. :idea:
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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

Post by pochaco » Fri Jul 07, 2017 2:04 pm

Khaled31000 wrote: Ok sorry for not explaining properly so in 15 September 2012 I send my application and my wife she is born british and had her irish passport in 2011
And on March 2013 I had my EEA FAMILY MEMBERS R resident
And on 12/2/2017 I was coming from from back home my wife give her british passport they said you are not allowed to have WAS FAMILLY MEMBER VISA this why they cancelled my visa
I hope I explained to you better this time
But at the airport you were allowed to enter the UK and a week later you received a letter from Home Office sent to your address in the UK about the cancellation of your EEA Family Member Resident Card. Do I understand you well?

I wonder what would happen if the spouse of an EEA citizen who has recently become British tried to enter the UK using his/her EEA Family Member Residence Card? Would the person be detained at the airport? Or they would let the family member in and later they would send him a cancellation later, as seems to be the case of Khaled?

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

Post by anic00 » Wed Jul 12, 2017 8:39 pm

Hi All, I would like to receive some advice if anyone is so kind to let me know about my situation.

I'm a EEA citizen, and I just received a letter from the HO confirming that my citizenship application was accepted.
My wife is living in the UK with a EEA spouse VISA, and I Know that if I go to the ceremony there will be consequences for all the reasons explained above.
Is it worth booking the ceremony with he Council as late as possible (beginning of October) and hope that there will be a judgement for the Lounes case before that date?
In that case, would the Lounes Case's judgement take effect immediately?

Thanks

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