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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

kam999
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Re: Do dual EU-UK citizens have rights under EU law?

Post by kam999 » Thu Aug 09, 2018 8:32 am

marcsiga - No problem at all, that's what we do here. I have been through a lot and I know a little share of personal knowledge makes a huge difference.

ebi - Congratulations

Silver - Whats happening mate, what are you up to with ur app?

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 » Thu Aug 09, 2018 10:06 am

Congratulations @ebi
@kam
I will send my new application today.
Hopefully i will hear good news this time.
I have not heard anything regarding on my previous application.
They won't reply I know that.
Hopefully you will hear good news soon kam.
Best of luck man.

marcsiga
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Location: London

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

Post by marcsiga » Thu Aug 09, 2018 2:07 pm

Thabk you Kam99

@ebi
Congratulations!
@Silverman
Good luck and I hope this time they will send unthe right card

Guys,
In term of bank statements
And all bills it says one for each qualifying periord /12 month period:
Do i need to send then one for each year?!
basically for the 5 Year period I shall send 5 Bankstatements, 5Utility Bills..5 P60’s, Employment History, employment contracts

I dont have permanent residence card as I was here already 10 Years when applied for BC, so i will have to send more documents.


I am Hungarian National and I did regitered in 2007 for WRS card, in application they are asking details of that also.
Is it still relevant to me regardless I am dual and my partner received his RC is 2013?!

If someone could give me some light :-)

Thank u guys

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

Post by SladeW » Thu Aug 16, 2018 12:30 pm

Hello everyone
Congratulations for all of you who obtained their RC happy for you I know how it is hard and stressful especially when have a family .
We were silent readers but today We want to share with you our shocking moment when thy refused our application as married couple with no right of appeal after 9 months of waiting .My Wife is a dual National as everyone of you know the story.
Case worker refused our application and think our relation is not genuine.... no comment !!!! Especially we have a 2 years old son British National.
How can they refuse us if we did attend our marriage referral ( interview ) with the HO ?? If there was any kind of issue why they didn’t rise it that time ??? Yes we passed the interview and we are married for 5 months .
How come that immigration not following the law ??! Is it right ?!
Seriously we are speechless 😶 and shocked from kind of ignoring human being rights to Uk law and EU law . This is not right this this is beloved and they are no one who can separate you from your own wife and child this is insane and ridiculous as we have 2 years of fighting case with HO plus more than 3 years of proves together.
The question is why HO make life difficult for families who have right to live work and remain in this country??
Please guys what would you advice ?
Thanks 🙏🏻

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

Post by salu » Wed Aug 22, 2018 2:55 pm

@SladeW: I am very sorry to hear what you and your family have been going through, on top of the long uncertainty re the Lounes case. I am no expert, and can only speak from my personal experience. I think that if you give more details about you case, and dates, the more senior contributors may be able to give you valid advice. But also it sounds like you would may need to approach a solicitor to give you expert advice.

When I applied for my previous family permit, we were also called for an interview in the HO in Liverpool. I am not sure if we were actually told something like we "passed the test", though.

If you already had your FP, I am not understanding why they called you for an interview for your PR application. Of course, I am assuming that they refused your PR application because it's what most of us in this thread are applying for. But that is not entirely clear in your post either.

Please let us know of any further development. Wish you the best of luck, and a lot of patience.

Any other updates? Kam999? silverman123?

silverman123
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Romania

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

Post by silverman123 » Thu Aug 23, 2018 10:28 am

Hi @salu
Thanks for your ask man.
I submitted my application couple weeks ago.
Hopefully i will hear good news soon.
And hopefully kam999
Will receive his PR soon.
Best of luck to those still waiting.

kam999
Junior Member
Posts: 72
Joined: Fri Apr 06, 2018 3:24 pm

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

Post by kam999 » Thu Aug 23, 2018 2:54 pm

Hi Guys,

I was occupied with work and didn't get a chance to visit this saviour site.

First of all thank you everyone, Silver, Salu and all others who have been through or planning or are in the process of obtaining their PRC for your help, knowledge and experience. Yes, I received my permanent BRP a few days ago.

I just wanted to give some insight which may help others who are feeling a surge of anxiety after sending their application. I asked for return of documents last month and when they returned it, guess what? they returned the whole case including a letter saying my PR was issued since June, like almost 3 months after i sent my application. and if I haven't asked them for return of documents they might take full 6 month before replying to any of my query. nonetheless, I am happy and getting ready for the next battle with HO as i have a little history with them so they are not going to give me nationality that easy, neither I am in rush, I would rather wait for couple of years prior to sending my application to become a British citizen. For now permanent residence is enough security to be here and work towards my/our future. Also, you know the explanation letter they sent when they return the documents, they said as per the dates I told them I obtained PRC in the beginning of last year, which is not true as I only completed my 5 years this year, didn't really get this part..

SladeW - We need more info in regards to your application otherwise anything we say is not going to make sense. However, I would recommend that check the caseworkers guidance notes at:
https://assets.publishing.service.gov.u ... .0-EXT.PDF
start reading from page 35, you know better if you have a history with HO, if not, submit a fresh application and try to give as much evidences as you can while proving that you guys are living together and obviously marriage certificates, on the above link it also says:
An applicant must show they are the family member of an EEA national. This would
usually come from a valid marriage certificate. If you suspect the marriage or civil
partnership is one of convenience, it is for the Secretary of State to prove this.
which means they should explain to you that why they think ur relationship is not genuine. Let us know your next move so we can shed our humble opinions.

Salu - Whats up mate, are you ready for British citizenship? also I am wondering should i take life in UK and English test now of wait as they might change rules when I plan to apply for citizenship, what do you think?

Silver - You were the most optimistic among all of us, and this hard time of urs will be over very soon, I pray for you. did u mention in ur cover letter that why you should be issued PRC and not another RC? and I hope u did not pay enormous amount to ur solicitor for this app. keep us posted.

All other users, all the best!

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CR001
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Re: Do dual EU-UK citizens have rights under EU law?

Post by CR001 » Thu Aug 23, 2018 3:08 pm

kam999 wrote:
Thu Aug 23, 2018 2:54 pm
Salu - Whats up mate, are you ready for British citizenship? also I am wondering should i take life in UK and English test now of wait as they might change rules when I plan to apply for citizenship, what do you think?
Kindly post any citizenship question in the British citizenship sub forum.

Unlikely anything will change for citizenship though.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

kam999
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Re: Do dual EU-UK citizens have rights under EU law?

Post by kam999 » Thu Aug 23, 2018 3:24 pm

Sorry CR001, the group shared the stress with me was here, hence the above message, will move to citizenship form from now on for the relevant queries. But thanks for your help with the answer.

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

Post by SladeW » Fri Aug 24, 2018 12:07 pm

Hi @ salu
Thank you for your reply
End of November we submitted an EEA fm application March we been married July we submitted as well another application as a direct family memeber so two applications pending
After the submitting of the second application they sent the refusal letter with a not clear reasons
1- showing dependency on my wife so they want to see bank transfers from her account to my account prior entering the UK ( I can’t have a bank account until I will get my PR what it is really impossible ) My Wife is paying for everything bills rent food and it is clear on her bank statement ( HO got like 2 years of her bank statement)
2- they are saying that our marriage is one of the convenience and what is it working too as they saying that the officer from the interview was suspecting that and as well it’s a lie because we passed it our officer was a senior officer he tried his best without their stupid inappropriate questions like lying to my wife and telling her that I got a red alert with Police like I’m a criminal etc ... anyway the officer look that day to me was like he couldn’t do nothing to stop us !!!
He didn’t give us the letter for the town hall but still we went to town hall for information and they said you have green light to get marry . If something was wrong as they stating they would arrest me on the day of the interview or on the day of marriage.
Here why it’s so stressful to me and my wife and son bcause they are lying and make the life hard and difficult.
Now the the second application is still pending and my all file was sent back to our solicitor.
My solicitor sent a letter to HO asking for right of appeal and get access to our interview as urgent and if we don’t hear from them within the 14 days we will take the case to court without further notice . And in my point of view this is too much exaggerated from the HO
Bcause they wrong and they making lots of trouble and even not clear division without any prove provided .

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

Post by salu » Mon Sep 03, 2018 8:25 am

Hello ,

@SladeW, I really don't know what to say. It seems that your struggle goes way further than Lounes. I hope your solicitor gets an answer soon and that they give you an opportunity to appeal. I'm sorry I cannot offer any advice.

@Silverman, keep us posted re your second application, I hope second time goes better and faster!

@kam999, your history with the HO sounds intriguing. I am glad you got your PR too! congrats!
Re naturalisation, my initial thought was to wait until having 1 year of PR (October in my case, 6th anniversary of marriage). Though in theory in our cases (dual EU?UK sponsor), my understanding is that we don't have to wait to have PR for one year as the sponsors are UK citizens. It says so in the letter confirming PR.
In the end, I booked the test (it doesn't expire), and I passed it last week. Maybe got too excited, and in the same day I booked an appointment to have my documents checked at the council so I don't have to send them with an online application for naturalisation. My main motivation to do it asap is to use this service (thinking that u never know how long it will be available for in the same format). I will add the timeline in the relevant topic once I send the application. How about you?

Good luck everyone!

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

Post by SladeW » Mon Sep 03, 2018 7:01 pm

@Salu
Seriously HO look like they don’t know what they are doing they making crimes against humanity and family life especially when kids are involved . They seems didn’t follow the rules and they are incompetent as they only have a contradicting evidence as asking for proof of cohabitation and we already gave them ( council tax , bills etc...) they are incompetent bcause if we fail the marriage interview we would be stopped and they won’t let us get married bcause they have all the right to do so ( they did send the confirmation to town hall for letting us getting married ) ( contradiction ).... we didn’t hear about anything the only reason we were on hold it’s bcause of lounes case 9 months of wait even my solicitor received a short certificate without no right of work of course and then suddenly lounes case was in force they changed their statement to other issue like bank transfers and of course false and wrong allegation of marriage of convenience as nothing they can mention to refuse our application.... what it is very wrong and false accusations that we will make the HO pay for the pain and stress caused and waste of time when we have all the proofs and evidence especially we have a 2 year old son ....
Ho fail to sent a record of the marriage interview as we still waiting for it as we have all the right to get access.
We gonna go to media and news paper we will show the world our pain caused by HO we want to show that there are people they don’t deserve to work for HO there are people who don’t care and incompetent representing the HO and they don’t know what they are doing making families suffer and making you spend lots of money to go to court ( court procedures take time as well ) instead to look at the case properly or investigate properly the matter rather than accusing people without no proof .
At the end we gonna sue the HO ; it’s an abuse of human right the of forming a family .
My wife is a dual National exercising her treaty rights we are married officially and we have right of appeal ,they makde a big mistake to refuse our application and Stop is from the right of appeal this is against the law .

silverman123
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Romania

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

Post by silverman123 » Tue Sep 04, 2018 11:05 am

Dear moderator@ Richard w
@Vinny @Obie @CR001
and friends please need your advice.
Today we received and email from HO says they made a mistake and i should got my permanent residence and they admitted it but because i applied for new application they can't correct my residence card.
Now my question is shall i send this email as update to my application???
My solicitor told me they got all records any way on their system.
What am I suppose to do now??
I'm to worried that they may do another mistake.
However they already know that i applied for my permanent residence.
Greatly appreciate with your response by today
Many thanks in advance

eubritish
Junior Member
Posts: 54
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Re: Do dual EU-UK citizens have rights under EU law?

Post by eubritish » Tue Sep 04, 2018 11:44 am

silverman123 wrote:
Tue Sep 04, 2018 11:05 am
Dear moderator@ Richard w
@Vinny @Obie @CR001
and friends please need your advice.
Today we received and email from HO says they made a mistake and i should got my permanent residence and they admitted it but because i applied for new application they can't correct my residence card.
Now my question is shall i send this email as update to my application???
My solicitor told me they got all records any way on their system.
What am I suppose to do now??
I'm to worried that they may do another mistake.
However they already know that i applied for my permanent residence.
Greatly appreciate with your response by today
Many thanks in advance
Didn't they say anything in the email as to what you should do?

If I were you, I would reply to the email or call them to ask what you should do next.

kam999
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Posts: 72
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Re: Do dual EU-UK citizens have rights under EU law?

Post by kam999 » Thu Sep 06, 2018 2:06 pm

salu wrote:
Mon Sep 03, 2018 8:25 am
Hello ,

@SladeW, I really don't know what to say. It seems that your struggle goes way further than Lounes. I hope your solicitor gets an answer soon and that they give you an opportunity to appeal. I'm sorry I cannot offer any advice.

@Silverman, keep us posted re your second application, I hope second time goes better and faster!

@kam999, your history with the HO sounds intriguing. I am glad you got your PR too! congrats!
Re naturalisation, my initial thought was to wait until having 1 year of PR (October in my case, 6th anniversary of marriage). Though in theory in our cases (dual EU?UK sponsor), my understanding is that we don't have to wait to have PR for one year as the sponsors are UK citizens. It says so in the letter confirming PR.
In the end, I booked the test (it doesn't expire), and I passed it last week. Maybe got too excited, and in the same day I booked an appointment to have my documents checked at the council so I don't have to send them with an online application for naturalisation. My main motivation to do it asap is to use this service (thinking that u never know how long it will be available for in the same format). I will add the timeline in the relevant topic once I send the application. How about you?

Good luck everyone!
Hi Salu,

Thank you mate. You got it right and should go for naturalization, better to do it sooner rather than later . I am gonna take it easy, gotta sort out some personal stuff first and then slowly will take the tests too. All of you would have got your passports by then so probably will take advice from you given you still use this form :wink:
All the best

AlfaBeta123
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Re: Do dual EU-UK citizens have rights under EU law?

Post by AlfaBeta123 » Thu Sep 13, 2018 6:15 pm

Richard W wrote:
Tue Jul 24, 2018 5:34 am
AlfaBeta123 wrote:
Mon Jul 23, 2018 12:33 pm
So, I'm an EU national, who obtained BC. Will my sister in law (my husbands's sister - who's here as a family member) benefit from this ruling as well? She currently has a RC, applying for a PR (however I've already obtained my BC
The Home Office seems to think so. If you had permanent residence when you acquired British citizenship, and have not since lost it, she is protected by the changes to the EEA Regulations in the Immigration (European Economic Area) (Amendment) Regulations 2018.
OMG that's absolutely amazing news! :D :D

AlfaBeta123
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Re: Do dual EU-UK citizens have rights under EU law?

Post by AlfaBeta123 » Thu Sep 13, 2018 6:39 pm

First of all thank you everyone who has shared their experience, opinion and advise! It is very much appreciated.

As you may be aware, I'm a dual citizen who obtained BC last January. My husband was sponsored through the EU route (he has now become a BC). I've just been reading some comments on the new case and it seems that people advise me that even the extended family member of an eu national is protected (as long as I still have the PR:).

His sister (my sister in law, adult, ) was sponsored as well as an extended family member of EU national by me through the EU route. She obtained her RC,which expires in this November.
She is planning to go back to her non EU country in October to get a civil ceremony with her BF (who lives in a non EU country). That's a worry for later. :D
However will the boarder agency be difficult if there is only 1 month left on the Residence card ? She will be travelling alone. Will they let her back in again (supposedly she went on holiday)?
Will there be a note on the system, that I have in the mean time obtained my BC and will this cause problems at the airport? Knowing our border officers are doing such a great job in what they are supposed to do... :roll:

just want to ensure she avoids any issues and plans things ahead.
Apologies if this is not the right section for this question.
Thanks in advance!

silverman123
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Romania

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

Post by silverman123 » Tue Sep 18, 2018 10:32 am

😆😆😆😆😆😆
Update
I got my permanent residence finally.
So happy guys.
Thanks to everyone who helped us in forum.

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

Post by salu » Tue Sep 18, 2018 11:35 am

@silverman123: That is fantastic news!!!! congratulations!!!! Glad they corrected their mistake quite quickly. Finally. Thank you for sharing, and for all the support and positivity you have provided in this forum!!!

silverman123
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Re: Do dual EU-UK citizens have rights under EU law?

Post by silverman123 » Tue Sep 18, 2018 3:41 pm

Thanks @ Salu
It was very stressful one. But at the end of the tunnel we all passed it.
God be with everyone who still waiting.
I will always keep an eye on this forum in case if somebody needs help.

Many thanks to all seniors and moderators.

To all silent readers stay positive and never lose hope.

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