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

Yes Unlucky, that's what i understood. Dual national has to retain the right of permanent residence and exercise treaty rights until their TCN FM acquires PRC. May be seniors can explain and correct me as well if I did not get it right. Regardless, it should not effect Silver's case.

kam999 wrote: ↑

Mon Jul 30, 2018 7:55 pm

1) What i was trying to say, as per EEA reg latest section 9A, your wife should continue exercising treaty rights after acquiring Dual nationality (which in your case started from Jan 2018) and I was not sure where they stand at maternity leave which you now clarified.

I believe you're referring to Regulation 9A(2):

2) DN who comes within the definition of “qualified person” in regulation 6(1) is only a qualified person for the purpose of these Regulations if DN—
(a) came within the definition of “qualified person” at the time of acquisition of British citizenship; and
(b) has not at any time subsequent to the acquisition of British citizenship lost the status of qualified person.

It is very rare for a dual national who became British as an adult to be a qualified person but not a permanent resident. The normal path is

qualified person > permanent resident > British citizen

or

family member > permanent resident > British citizen

On these routes, the person who is excluded by the regulation will be someone who lost permanent residence after gaining British citizenship. They will not regain their EEA privileges until they have regained permanent residence.

I believe the main group excluded by Regulation 9A(2) will be those who were registered as British before the age of 5.

Richard W wrote: ↑

Tue Jul 31, 2018 10:23 pm

On these routes, the person who is excluded by the regulation will be someone who lost permanent residence after gaining British citizenship. They will not regain their EEA privileges until they have regained permanent residence.

And they can only regain permanent residence as a family member! Subtle!

Hi All,

I am a silent reader of this forum.
We are about to apply for PR end of this month.

I applied for BC in 2016 October and naturalised i 2017 May and received passport in 2017 June.

I came to UK in 2006 and working since then. I didnt apply for Permanent Residence Card (so I dont have one)after living/working here 10 Years applied for BC starightaway. (Now I am Hungarian-British)

Will that cause an issue when we are applying for PR for my Husband?

I am sorry I got the date wrong. Applied for BC in 2015 and got it in 2016.
Past 2 Years i am worrying (but I am sure many of you know this feeling)

And they can only regain permanent residence as a family member! Subtle!

Received with thanks.

Hi all!

I’m glad confirm my wife just got her Biometric Residence Card (type of permit: Permanent Residence), and the card expires in 10 years! I assume this is only due to the fact, that as of every other document. Eg. driving licence, then is required to update the photo, and the rest of the information if necessary. I reckon this expiration date, is nothing to do with the validity of her status as such, as this is permanent.

The BRC was delivered by a currier that works for the HO named DX, and it was a recorded delivery so it requires your signature and prove of identity to be handed over. We have received, in a separate royal mail post, but on the same day, the rest of the documentation we have sent for the app, inc our passports, my EU permanent resident blue card, and also a letter from the HO confirming the permanent residence status and also stating that if she has a BC spouse, she could apply for her BC straight away.

To summarise my case, my wife was not covered by the transitional arrangements, she got her Non EU spouse of an EU, RC valid for 5 years (expiring on Sept -2018). She joined me in the UK in Jan 2013 and appied for this RC in March 2013, and received the vignette in her passport on Sept 2013. Soon after I acquired my Permanent Residence Status (feb 2014), and the year after I regrettly became BC (apr-2015).

Our app time line was as follow:

Application sent : 23/04/2018
HO received the Application: 24/04/2018
Payment taken: 25/04/2018
Email confirmation: 30/04/2018
Biometric letter: 02/05/2018 (dated: 27/04/2018)
Biometric enrolled: 06/05/2018
C.O.A letter received: 17/05/2018 (dated: 14/05/2018)
PR Card and rest of the documents, received: 02/08/2018

I never mentioned the lounes case, but i have stated that I was BC in the section where they asked about the EU national sponsoring the app, other nationalities.

Thanks for all the participants on this forum that have helped me cope with the stress of this situation for all these months. In fact me and my wife, realised about all this mess we got ourselves into, back in sept 2016, even before lounes case happened. We just had decided at the time to continuing hoping everything would have ended well. Which it finally was the case .

Good luck to everyone that are still waiting for their decisions! Hope it all end up well for you too!

I hope all this information answers all the questions you may have.

Br

Reynaldogr

Wow Reynaldogr!!! A very big congratulations to u and wife!!!!

Thank u for all ur updates on this forum , it did helped us a lot

I have been watching this forum and immigrationboard since 2012, Today I received my PR finally. Applied in 1st June, so took 2 months. I did mention Lourne case in my cover letter and my partner renunciation British citizenship and 14 months gap. It seems more and more Dual Nationality case get approved. Thank you everyone for the advice and help. Good luck.

My PR application approved yesterday will get the card within 10 days...
All the best ans luck for all applicant

Reynaldogr, Chinouk, Ebi,

Congratulations to all of you and all the best. Some of us are still waiting and I can't wait to write a positive message once approved by HO.

Reynaldogr, Chinouk, Ebi
Congratulations guys

So happy for you.
You all deserve it after long time of panic.
Hopefully i will hear good news soon.
Good luck all.

silverman123 wrote: ↑

Thu Aug 02, 2018 3:26 pm

Reynaldogr, Chinouk, Ebi
Congratulations guys

So happy for you.
You all deserve it after long time of panic.
Hopefully i will hear good news soon.
Good luck all.

Hi Silver,

I just saw this thread yesterday and thought abt you:

eea-route-applications/eu-pr-not-qualif ... 60554.html

Hi everyone !
Thanks to all for updates and sharing stories .

@reynadogr ,ebi and Chinouk congratulations all of you guys and thank you for good news .please dear friends what kind of supporting documents eg utility bills joint bank accounts tenancy agreement did you submit with application and got approved ?
@silverman any updates from your lawyer? hope he will sort out soon . we are all waiting good news .

Thank you all .

Thanks kam for your help.
I went through the link you have sent me.
Yeah that's exactly what came in my mind in the first place that because my wife on maternity leave i got another 5 years.
But the funny thing is that my wife acquired permanent residence already even before she goes on maternity.
And let's say that she has to continue to exercise her treaty rights until i got my permanent residence.
Maternity im count towards my permanent residence. She still receives maternity pay from her job.
The case worker has no clue of they doing.
And his wife was a job seeker for 8 months.
My wife never stop working since 2010.
Therefore home office issued her her purple card then blue card. Then permanent residence. Then became a British citizen.
Even when i call the home office customers services they told me as long as she is in maternity she still qualified person.
The remaining questions is how I'm going to get out of this !!??
I. Will submit another application let's see what they will say this time.
At least i can take them court in case of any refuse.
However I'm not 100% sure why they issued me another 5 years.
Didn't hear anything from them yet.
Many thanks kam.

You are welcome mate, see what's ur solicitor's take is on ur situation. As I mentioned previously once settled status goes live it will be quicker and easier but I myself would rather go for PRC and switch it later. Keep us posted.

Dear moderator and friends let's say i wait until home open the settle statues on March 2019
Is this going to be the same rules like permanent residence???
Or they are going ti have new rules?

Still didn't get what difference between both
Settled status and permanent residence.
I know both you can live in uk permanently.
Buy my question is
Home office didn't issue me my permanent residence (let's say they don't like maternity people or because i didn't wait until my old residence card expires ) so why they will issue me settle status? Am i facing the same problem again when i apply for settle status?
Or settle status has new and easier way???
Any answers!!?
Many thanks

marcsiga wrote: ↑

Wed Aug 01, 2018 9:00 am

I applied for BC in 2016 October and naturalised i 2017 May and received passport in 2017 June.

I came to UK in 2006 and working since then. I didnt apply for Permanent Residence Card (so I dont have one)after living/working here 10 Years applied for BC starightaway. (Now I am Hungarian-British)

Will that cause an issue when we are applying for PR for my Husband?

You acquired PR in 2011, and I believe it is what qualified you to be naturalised. You will have not lost it, so this should cause no issue.

Your husband will not apply for PR; he will apply for a PRC. There is a subtle difference, though it is quite significant in the new EU part of the Immigration Rules, as I have just remarked today in James2000's Surinder Singh topic.

Hi Richard,

Thank you for ur reply. (I did take in count ur words 2 Years ago and I waited, so I did not had to give up BC although I was very ready, panicked so much) u did give me hope

I did look into the link.. and the immigration rules what u highlithed but I dont really get it.. I guess I will need to read it again and again..
for PRC do we need a different Application form?

Thank you for ur reply and time

Maria

Hello everyone,

I also received my PR BRM yesterday, valid for 10 years.
Regarding citizenship it says that if married to UK citizen, i can apply straight away. I decided to wait until it is 12 months from PR, which my letter confirms is in October, so only 2 months away. Just enough time to prepare for the life in the uk test.

An additional late update: I did leave the country with my passport and a picture of an expired vignette (which is in my previous passport). I traveled with my sponsor and child, and marriage/birth certificates and proof of residence. They let me back in. Just in case someone is considering traveling without the document.

@ silverman123, I think your situation is unfair, and a pure mistake from the case worker.
It would be discriminatory to deny PR bc your sponsor is on maternity leave. She is employed, just on paid leave. If this were the protocol, in my view is discriminatory against female EU and their family members, as women take paternal leave way more frequently than men.

It is ridiculous if you were expected to plan your family around visa application dates! Besides already having to stop your normal lives during the application process...

What is your solicitor saying? what is your plan? I wish you all the best.

Thank you and everyone else in this forum for your support. It has made this wait a bit more bearable.

Salu.

Correction, I meant parental rather than paternal, clearly

salu wrote: ↑

Fri Aug 03, 2018 10:25 am

Hello everyone,

I also received my PR BRM yesterday, valid for 10 years.
Regarding citizenship it says that if married to UK citizen, i can apply straight away. I decided to wait until it is 12 months from PR, which my letter confirms is in October, so only 2 months away. Just enough time to prepare for the life in the uk test.

An additional late update: I did leave the country with my passport and a picture of an expired vignette (which is in my previous passport). I traveled with my sponsor and child, and marriage/birth certificates and proof of residence. They let me back in. Just in case someone is considering traveling without the document.

@ silverman123, I think your situation is unfair, and a pure mistake from the case worker.
It would be discriminatory to deny PR bc your sponsor is on maternity leave. She is employed, just on paid leave. If this were the protocol, in my view is discriminatory against female EU and their family members, as women take parental leave way more frequently than men.

It is ridiculous if you were expected to plan your family around visa application dates! Besides already having to stop your normal lives during the application process...

What is your solicitor saying? what is your plan? I wish you all the best.

Thank you and everyone else in this forum for your support. It has made this wait a bit more bearable.

Salu.

Hi salu.
Congratulations man. You deserve it you have been since February.
Well i haven't heard anything from home office yet.
But as i mentioned before it doesn't looks like a mistake I think they meant to issue me another 5 years residence.
Either because the case worker does not know what maternity mean or he thought i should wait until my old residence card expires.
Which in both cases they are wrong.
At the moment i dont have any other options.
I will have to apply once again at i will know where I'm standing..
My solicitor is keep asking me to wait...
But wait for what!!!
They are not going to reply.
Or they may do after many complaints.
So best thing to do is just to do fresh application very soon.
@ Richard w
@Obie @vinny @CR001
I just need your opinion regarding to this case law
St Prix C-507/12; effect) (maternity case) [2015] UKUT 540 (IAC)  
Do you recommend to add this case law to my covering letter??
Or is not going to help???
Many thanks in advance

salu wrote: ↑

Fri Aug 03, 2018 10:25 am

Hello everyone,

I also received my PR BRM yesterday, valid for 10 years.
Regarding citizenship it says that if married to UK citizen, i can apply straight away. I decided to wait until it is 12 months from PR, which my letter confirms is in October, so only 2 months away. Just enough time to prepare for the life in the uk test.

An additional late update: I did leave the country with my passport and a picture of an expired vignette (which is in my previous passport). I traveled with my sponsor and child, and marriage/birth certificates and proof of residence. They let me back in. Just in case someone is considering traveling without the document.

@ silverman123, I think your situation is unfair, and a pure mistake from the case worker.
It would be discriminatory to deny PR bc your sponsor is on maternity leave. She is employed, just on paid leave. If this were the protocol, in my view is discriminatory against female EU and their family members, as women take paternal leave way more frequently than men.

It is ridiculous if you were expected to plan your family around visa application dates! Besides already having to stop your normal lives during the application process...

What is your solicitor saying? what is your plan? I wish you all the best.

Thank you and everyone else in this forum for your support. It has made this wait a bit more bearable.

Salu.

congrats mate,

I just need some more details if it's not too much trouble for you. Could you please tell us how long it took them to issue you your PRC and when was ur residence card expiring i.e. month/2018. also if u could recall, how long it took them to issue the family permit 5 years ago. I m just trying to connect the dots.
Thank a lot for ur help in advance.

Hey kam999,
Here's my timeline:
5 years of marriage in Oct 2017
Residence vignette valid from June 2013 to June 2018

Sent all the documents on 30/01/18 (~5 months before vignette expired!)
Submitted biometrics on 15/02/18
My confirmation of application is dated 16/02/18

... long wait ...
[irrelevant detail: requested current passport for traveling in mid June, received it 10 days later]
...more waiting...

Received letter confirming PR (from 5th anniversary of marriage) and other documentation submitted (sponsor's id, PR, old visas, old passports, bank statements) on 01/08/18

Received PR 02/08/18, dated 30/07/18, exactly 6 months from application!

@Silverman, you have PR, and you applied after 5 years of marriage, you should get your PRC!!!
I agree with you, I am Not sure what you are supposed to wait for!
You are supposed to apply before (no more than 6 months) your vignette expires, not after.
Maternity leave does not affect your wife's rights or exercise of them. If this is the reason for their decision, it is very wrong. In my view, you should not wait.

Please keep us posted, so everyone else still waiting, I really hope everyone gets good news soon.