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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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Malik_01
Newbie
Posts: 34
Joined: Sat Jan 28, 2017 5:27 pm

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

Post by Malik_01 » Wed May 02, 2018 6:58 pm

Malik_01 wrote:
Wed May 02, 2018 6:52 pm
silverman123 wrote:
Wed May 02, 2018 6:07 pm
@malik01
Did your wife naturalised on 16 of April or did you guys cancel it?
We had to postponed it and currently waiting for the Home office reply.
@silverman123

What is your situation? Are you a Non EEA national? if yes, did you apply for PR yet?

Sorry, I am lost in the thread now.

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 » Wed May 02, 2018 7:03 pm

Make sure you will have more than one confirmation from home office before your wife naturalisation. And best of luck man

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 » Wed May 02, 2018 7:07 pm

Yes I'm non eu national i will apply for my PR within days from now.

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 » Thu May 03, 2018 5:58 pm

Hi Guys.
Quick question just came across my mind for a reason ?
Can you please you share your opinions?
As you aware in lounes judgement para 61 says
61      The conditions for granting that derived right of residence must not be stricter than those provided for by Directive 2004/38 for the grant of a derived right of residence to a third-country national who is a family member of a Union citizen who has exercised his right of freedom of movement by settling in a Member State other than that of which he is a national. Even though Directive 2004/38 does not cover a situation such as that mentioned in the preceding paragraph of this judgment, it must be applied, by analogy, to that situation (see, by analogy, 
As we are aware that lounes got married in 2014
And now he is waiting for his residence card.
Will he qualify for permanent residence next year!!!???
Since he became a family member 2014 so all this years he been
waiting shouldn't be wasted!!!
I spoke to my solicitor he told me that my words make since because he equal to the directive
What do you guys think???

Malik_01
Newbie
Posts: 34
Joined: Sat Jan 28, 2017 5:27 pm

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

Post by Malik_01 » Thu May 03, 2018 7:09 pm

silverman123 wrote:
Thu May 03, 2018 5:58 pm
Hi Guys.
Quick question just came across my mind for a reason ?
Can you please you share your opinions?
As you aware in lounes judgement para 61 says
61      The conditions for granting that derived right of residence must not be stricter than those provided for by Directive 2004/38 for the grant of a derived right of residence to a third-country national who is a family member of a Union citizen who has exercised his right of freedom of movement by settling in a Member State other than that of which he is a national. Even though Directive 2004/38 does not cover a situation such as that mentioned in the preceding paragraph of this judgment, it must be applied, by analogy, to that situation (see, by analogy, 
As we are aware that lounes got married in 2014
And now he is waiting for his residence card.
Will he qualify for permanent residence next year!!!???
Since he became a family member 2014 so all this years he been
waiting shouldn't be wasted!!!
I spoke to my solicitor he told me that my words make since because he equal to the directive
What do you guys think???
Did your wife become British after you acquired your RC?
I think if you stayed legally in the country on your RC and have no other criminal history, then HO should consider your 5 years towards your PR under the EEA regulations. Atleast, this is what I have learnt from the replies I got until now.
Good luck and keep us posted :)

kam999
Junior Member
Posts: 73
Joined: Fri Apr 06, 2018 3:24 pm

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

Post by kam999 » Thu May 03, 2018 7:19 pm

Toufik Lounes case was accepted by the court that the non-EEA national was entitled to a derivative right of residence in the UK for as long as the EEA national resided here. It does not refer to the right of permanent residence, which cannot be gained from holding a derived right of residence.

It is still unclear as to what extent the Lounes judgement will effect people in our situation or when he is acquiring PR, this as yet has not been written into the case worker guidance (at least I am not aware of it) neither the EEA Regulations have been amended.

there is hope to use the argument set out in Lounes for the same reason as a non-EEA national family member is to be granted a right to reside in the UK with their EU/UK family member (however it was derived right), a non-EEA family member should be granted a right to permanent residence once eligible.

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 » Thu May 03, 2018 8:42 pm

I went through the 3 cases of derivative right of
residence on gov
Is not even similar to any of us.
I DID NOT SEE must not be stricter than those who provided by the directive 2004/38.
I DID NOT SEE Union citizen who has exercised his right of freedom of movement by settling in a Member State other than that of which he is a national. Even though Directive 2004/38 does not cover a situation such as that mentioned in the preceding paragraph of this judgment, it must be applied, by analogy, to that situation (see, by analogy.
I didn't see they can carry NORMAL LIFE
I didn't see US at any of this cases.
And I'm sure lounes will not join the same WAY of residence even if he derevative right of residence.
This is going to be against the judgment if HO will do something like this.
Soon we will find out.
Any opinions???

kam999
Junior Member
Posts: 73
Joined: Fri Apr 06, 2018 3:24 pm

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

Post by kam999 » Tue May 08, 2018 4:13 pm

Hi All,

I hope you all had a nice break.

Just wondering, if any of you heard any update/progress in regards to our current situation? I Could not really see much on internet.

Please keep posted here.

kr

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 » Tue May 08, 2018 7:37 pm

Hi @kim999
Still waiting for any news to come up from HO
I saw a letter from HO on what do they know
About lounes policy to caseworker.
They should reply on 23 of April but they amended to 22 of May this month.
I think we might find out how caseworker will work on cases like lounes.

kam999
Junior Member
Posts: 73
Joined: Fri Apr 06, 2018 3:24 pm

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

Post by kam999 » Tue May 08, 2018 8:26 pm

Thanks Silverman, I knew you would be on top of things. I know there is nothing really out there anybody could tell, but people who are waiting on their applications decisions are the only one who can share their stories, if they have heard back anything.

To my understanding, our cases are on hold, HO caseworkers appointed to our cases should have been updated as well with respect to our situation. Now, I am not sure how eea reg amendments work out i.e. do they have to go through parliament (as that's what Lounes barrister posted) or HO internally decide to what extend Lounes should be implemented (and they are still working on it), may be some senior on this form can shed some light on that.

If someone could find out/ guide us in the right direction, we might be able to speed up things, either by speaking to our MPs, if the decision is in the hand of parliament or to write further petitions to HO, if they are going to decide our applications faith by implementing Lounes and amending the eea reg.

kr

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 » Tue May 08, 2018 9:41 pm

I'm pretty sure that home office know exactly what the amendments will be and not only since determination of High Court but even a long time before that
That's why they withdrawl many applications before it goes to court as they will lose man power and appeal and they will look more funny than already are.
Best thing to do all of us to sends to the MP'S as they do have a direct line to Home Office and they might help us with the exact date.
After Tomorrow i will send my application through my solicitor.
But got felling it will be either at the end of this month or by mid of June.

kam999
Junior Member
Posts: 73
Joined: Fri Apr 06, 2018 3:24 pm

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

Post by kam999 » Wed May 09, 2018 8:14 am

Good luck with ur app Silverman.

I pray for all of us and m hoping things will turn in our favour.

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 » Wed May 09, 2018 11:46 am

@kam999
Thanks man wish you to hear a good news very soon too.
Always keep my eyes online for any news and if i know anything new i will update you guys.
And i will share my time line once it starts as well 👍👍👍

kam999
Junior Member
Posts: 73
Joined: Fri Apr 06, 2018 3:24 pm

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

Post by kam999 » Wed May 09, 2018 2:00 pm

Hi Guys,

there is an updated version in regards to permanent residence card valid from 10/05/18. I could not see much difference. however, I just glossed over it. Could not understand why they updated it twice in last 3 months without any visible difference.

See if one of you can identify something. still waiting for the caseworkers guidelines updated version, which last updated on 21/04/17.

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 » Wed May 09, 2018 6:17 pm

http://www.eearegulations.co.uk/CaseLaw
We need to keep an eye on this link because once they will update the EEA REGULATIONS 2016 it has to appear on this link as well.
Many thanks for any updates

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 » Thu May 10, 2018 8:44 pm

@eubritish
Hope you are ok.
Have you heard any news from HO?
Many thanks in advance

eubritish
Junior Member
Posts: 54
Joined: Wed Mar 21, 2018 10:37 pm

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

Post by eubritish » Thu May 10, 2018 10:08 pm

silverman123 wrote:
Thu May 10, 2018 8:44 pm
@eubritish
Hope you are ok.
Have you heard any news from HO?
Many thanks in advance
Nope, nothing yet unfortunately so still waiting. I believe all the cases have been put on hold for the regulations to be updated, just hoping that happens soon.

I will update the forum as soon as I have news.

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 » Fri May 11, 2018 10:36 pm

I will update as well . we sended our PR app at end of March . I am Dual Brit/Eu cit. wife non eu. Lounes printout + cover letter. Bio done. waiting.


Anybody have a link to where to check if the `regulations` been updated ?

Also do HO caseworkers guidances has to be updated too ? if so do we will be able to see them as well ?


Is there any stable way to identify updated regulations or maybe updated law after they will change it ?

Thanks a lot . And good luck to us all .

vinny
Moderator
Posts: 28914
Joined: Tue Sep 25, 2007 7:58 pm

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

Post by vinny » Sat May 12, 2018 2:08 am

silverman123 wrote:
Wed May 09, 2018 6:17 pm
http://www.eearegulations.co.uk/CaseLaw
We need to keep an eye on this link because once they will update the EEA REGULATIONS 2016 it has to appear on this link as well.
Many thanks for any updates

EEA regulations.
Casworkers’ Guidances (check last update dates)
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Navaro2
Newly Registered
Posts: 28
Joined: Tue Jun 18, 2013 10:25 pm
Location: Lindford

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

Post by Navaro2 » Tue May 15, 2018 2:08 pm

Hi everybody!



I am going to send my wif's application for PR and I am in the same situation as you all.
However I am dual citizen (became british in 2017) and my wife obtained her 5 years residence document in 2013 which is gonna expired soon and that time I was an EEA national only.
I have everything finished and ready to be sent apart from cover letter based on Lounes judgement from 14th November supporting my wife's application.
Can anyone give me tips on how to write that and what to point at in such letter please?
I would really appreciate it.


Thanks

Wal

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