Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

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

vinny
Moderator
Posts: 28235
Joined: Tue Sep 25, 2007 7:58 pm

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

Post by vinny » Fri Oct 12, 2018 9:52 am

CR001 wrote:
Fri Oct 12, 2018 8:57 am
Please continue in your topic you have started in the EEA Route sub forum.

eea-route-applications/dual-citizenship ... l#p1691321
This is not intended to be legal or professional advice in any jurisdiction. Please click on any 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.

E Li
Newly Registered
Posts: 13
Joined: Fri Oct 19, 2018 4:18 am
China

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

Post by E Li » Sat Oct 20, 2018 11:20 am

My husband was born in the UK, his farher is british, mum is dutch.
He is a british citizen and also has Dutch nationalilty.
At the moment he only has Dutch passport, doesn’t have british passport. As he moved to Holland when he was a child and changed his surname.

I’m non-EEA, married to him in 2012.
I got eea family permit in 2013 and eea residence card in 2014.
We are trying to applying EEA PR now. Fill in the application form and memtion he is also british citizen.
Is it our case same as Louse case?
Can we still get EEA PR?

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 » Tue Oct 23, 2018 2:38 pm

E Li wrote:
Sat Oct 20, 2018 11:20 am
My husband was born in the UK, his farher is british, mum is dutch.
He is a british citizen and also has Dutch nationalilty.
At the moment he only has Dutch passport, doesn’t have british passport. As he moved to Holland when he was a child and changed his surname.

I’m non-EEA, married to him in 2012.
I got eea family permit in 2013 and eea residence card in 2014.
We are trying to applying EEA PR now. Fill in the application form and memtion he is also british citizen.
Is it our case same as Louse case?
Can we still get EEA PR?
hi E Li,

Looking at your posts it seems that you have already sent your application. As per your details your case can fall under Surinder Singh route. However, if i were you I would add an explanatory cover letter with the application and leave it to HO to decide under what category they will process it i.e. Surinder Singh or Lounes, in the letter I would mention how long your husband has stayed and worked in Netherlands and how long in UK as this will be the core of your case, and the rest of the guidance is all in the caseworkers guidance notes which I believe you red and act accordingly. Be optimistic, (I think) your case cannot be refused just because it falls under Lounes or Surinder Singh but the rest of the facts should be straight forward and digestible to the caseworker. All the best.

Cupcake567
Newbie
Posts: 35
Joined: Sun May 29, 2016 6:46 pm

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

Post by Cupcake567 » Thu Oct 25, 2018 11:33 am

Hello All,

I have came across the “Free movements rights - direct family members of EEA national” document (you can find it here https://assets.publishing.service.gov.u ... PDF#page25).

Am I right saying that EEA national who will also obtain British citizenship can hold their EEA rights now, as per page 24 on the above document?

Im EEA, having permanent residence card, and my non-EEA husband only arrived to UK now on his Family Permit. I would like to apply for BC but I was hold back by previous regulations which stated I will lose my EEA rights once become BC. Does it mean that I can apply for BC now, based on a new law, and he can stay in UK based on my EEA rights?

Another concern is- should he apply for his Residence Card first and only after he gets one I should apply for BC or I can apply for BC even before he holds his REsidency card? His Family permit expires beginning of next year, can he apply for Residency Card now or he needs to wait until FP is about to expire?

Please help me to clarify the above as I am afraid that me applying for BC can mess up his rights in UK. Also, after obtaining Residence Card, after 5 years, he could apply for a Permamnet Residence Card or even British Nationality?

Any support would be much appreciated.

Thank you.

nehaniran12
Newly Registered
Posts: 25
Joined: Thu Oct 11, 2018 3:40 pm
Mood:

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

Post by nehaniran12 » Thu Nov 01, 2018 9:58 am

Hi,


as per my understanding, this rule is just for 5 years EEA permit only?

My husband acquired non-EEA permanent residency in January 2016 and he already received his PR card as well. I became a British citizen on the 31st of October 2018, so does it mean that my husband lost his PR status? He still has not applied for naturalisation yet.

Please clarify this as he is going to Sri Lanka in May 2019, so I don't want him to get an issue at the airport.

thnk you

Richard W
- thin ice -
Posts: 1763
Joined: Wed Oct 17, 2012 3:25 am
Location: Stevenage

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

Post by Richard W » Thu Nov 01, 2018 11:01 pm

nehaniran12 wrote:
Thu Nov 01, 2018 9:58 am
My husband acquired non-EEA permanent residency in January 2016 and he already received his PR card as well. I became a British citizen on the 31st of October 2018, so does it mean that my husband lost his PR status? He still has not applied for naturalisation yet.
He keeps his PR status regardless of what you do.

He should, however, apply for settled status under the EU settlement scheme as soon as possible.

If you were to lose your EEA nationality as a result of becoming British, his PR status would be meaningful in the UK after Brexit only by the goodwill of the UK government; the exit agreement (if any) would not cover him.

nehaniran12
Newly Registered
Posts: 25
Joined: Thu Oct 11, 2018 3:40 pm
Mood:

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

Post by nehaniran12 » Fri Nov 02, 2018 5:51 am

Richard W wrote:
Thu Nov 01, 2018 11:01 pm
nehaniran12 wrote:
Thu Nov 01, 2018 9:58 am
My husband acquired non-EEA permanent residency in January 2016 and he already received his PR card as well. I became a British citizen on the 31st of October 2018, so does it mean that my husband lost his PR status? He still has not applied for naturalisation yet.
He keeps his PR status regardless of what you do.

He should, however, apply for settled status under the EU settlement scheme as soon as possible.

If you were to lose your EEA nationality as a result of becoming British, his PR status would be meaningful in the UK after Brexit only by the goodwill of the UK government; the exit agreement (if any) would not cover him.
Thank you for your reply. My second nationality is German, which I can keep it because as per German law, I can have dual nationality if I take it before brexit(under European Union rules). I will apply for his settled status as soon as the link opens. Thank you again :)

bmrpl
Newly Registered
Posts: 14
Joined: Mon Oct 23, 2017 7:19 pm

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

Post by bmrpl » Fri Nov 02, 2018 7:22 am

Hi,

Do you mind me asking what is the purpose of applying for settlement status if we are already dual citizens?

My wife and step daughter (non EU citizens) applied for PRC last week with intention of getting BC as soon as that will be approved.

I thought having British passports will finish all that visa and home office malarkey 😳

Thank you

nehaniran12
Newly Registered
Posts: 25
Joined: Thu Oct 11, 2018 3:40 pm
Mood:

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

Post by nehaniran12 » Fri Nov 02, 2018 7:26 am

bmrpl wrote:
Fri Nov 02, 2018 7:22 am
Hi,

Do you mind me asking what is the purpose of applying for settlement status if we are already dual citizens?

My wife and step daughter (non EU citizens) applied for PRC last week with intention of getting BC as soon as that will be approved.

I thought having British passports will finish all that visa and home office malarkey 😳

Thank you

Settled status for my husband who is holding PR(under EEA rules) and he hasn’t applied for naturalisation yet.

bmrpl
Newly Registered
Posts: 14
Joined: Mon Oct 23, 2017 7:19 pm

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

Post by bmrpl » Fri Nov 02, 2018 10:50 am

Aren't these valid through the whole transition period which is until the end of 2020 or 21?

richiesuk
Newly Registered
Posts: 24
Joined: Sat Mar 31, 2018 11:16 pm

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

Post by richiesuk » Fri Nov 02, 2018 1:42 pm

Dear all,


I am a dual citizen (British, Hungarian obtained British citizenship in 2012) and have a Peruvian wife.
I was living in UK till June (for 12 yrs) and before that we applied for a settlement visa but we made a small mistake with the language exam and we failed. (She did not do the IELTS exam for immigration purposes, but she got the 4.5 average rage score, above the required)

In the meantime I got a job opportunity in Malta from Jul, for 9 months and I took it , we moved to Malta and my wife got a job since August as well, we have our maltese resident cards, so we can prove that we started a genuine life here, not just being here for the Surinder Sighn route. (we thought that will be impossible to do considering brexit is really closeby)

I have just came across this new law and now we would consider moving to UK.
Solicitor weblink removed

does this mean she can get easily the EEA family permit or shall we apply thru Surinder Sighn route?
We would be in Malta at the time of the application.

thanks a lot,
Regards,

Richard

Richard W
- thin ice -
Posts: 1763
Joined: Wed Oct 17, 2012 3:25 am
Location: Stevenage

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

Post by Richard W » Fri Nov 02, 2018 10:51 pm

bmrpl wrote:
Fri Nov 02, 2018 10:50 am
Aren't these valid through the whole transition period which is until the end of 2020 or 21?
Under present plans, yes, PR will remain valid through the transition period - though the Immigration Minister (Caroline Nokes) has recently declared that there won't be a transition period if there is no Brexit agreement. But what would she know? (Not a lot, it seems.) More worryingly, it is beginning to look as though the EU settlement scheme won't be generally available before Brexit.

iibdii
Newly Registered
Posts: 14
Joined: Wed Jan 15, 2014 1:56 pm

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

Post by iibdii » Mon Nov 05, 2018 9:27 pm

Dear All,

I have been reading the forums but my case is slightly different so not sure where i stand.
I was given EEA family permit in jan 2014.
Thing is my unmarried partner has been dual national (irish & british) since birth due to good friday agreement.
Did initial consultation from a local lawyer who says it must have been issued in error.
We were both in for interview before it was granted after establishing we were in relationship since 2008. The application i dont think was before the McCarthy ruling but i had my application put in for Certificate of approval for marriage way before 2009. Have a 4 year old child as well.
Can i still go for EEA PR route? Or do i need to look else where?
Im just 4 years shy of 20years residency route.
Please help
Omer

richiesuk
Newly Registered
Posts: 24
Joined: Sat Mar 31, 2018 11:16 pm

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

Post by richiesuk » Tue Nov 06, 2018 8:34 am

dear all,

could anybody comment on this? :)

thanks

Richard
richiesuk wrote:
Fri Nov 02, 2018 1:42 pm
Dear all,


I am a dual citizen (British, Hungarian obtained British citizenship in 2012) and have a Peruvian wife.
I was living in UK till June (for 12 yrs) and before that we applied for a settlement visa but we made a small mistake with the language exam and we failed. (She did not do the IELTS exam for immigration purposes, but she got the 4.5 average rage score, above the required)

In the meantime I got a job opportunity in Malta from Jul, for 9 months and I took it , we moved to Malta and my wife got a job since August as well, we have our maltese resident cards, so we can prove that we started a genuine life here, not just being here for the Surinder Sighn route. (we thought that will be impossible to do considering brexit is really closeby)

I have just came across this new law and now we would consider moving to UK.
Solicitor weblink removed

does this mean she can get easily the EEA family permit or shall we apply thru Surinder Sighn route?
We would be in Malta at the time of the application.

thanks a lot,
Regards,

Richard

nehaniran12
Newly Registered
Posts: 25
Joined: Thu Oct 11, 2018 3:40 pm
Mood:

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

Post by nehaniran12 » Wed Nov 07, 2018 6:47 am

Please, someone, reply...

so, I'm an EEA, had EEA PR. Last month I became a British citizen. Now my question is: my mother has extended family non-EEA permit(5 years one), which expires in June 2019. Does this mean she lost her status because I became a British Citizen? this is freaking me out now as this concept is confusing me :(

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 » Wed Nov 07, 2018 3:08 pm

nehaniran12 wrote:
Wed Nov 07, 2018 6:47 am
Please, someone, reply...

so, I'm an EEA, had EEA PR. Last month I became a British citizen. Now my question is: my mother has extended family non-EEA permit(5 years one), which expires in June 2019. Does this mean she lost her status because I became a British Citizen? this is freaking me out now as this concept is confusing me :(
No, after Lounes, you are still considered as EEA so there is no impact on status for your mother. Chill out.

Badis
Newly Registered
Posts: 4
Joined: Wed Sep 13, 2017 7:35 am
Mood:
Algeria

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

Post by Badis » Sat Nov 10, 2018 10:59 am

Hello every one
My case is bit harder and I need to explain it also have any idea from you lads and gents
My wife is british and we got married in Aug 2012 that time I was overstayed in uk. I can't make any application cause I knew have to leave the UK and apply from algeria. So I have been waiting till I heard that one of my wife's grandparents has irish link so look for it and after a year I grab an irish passport for my wife by decent that was in Aug2013. In Sept 2013 I did apply for EEA FAMILY CARD and I had it on Dec 2013 for 5 years. In AUG 2017 I applied for EU PERMANENT RESIDANCE for being in relation for 5years the home office took a year to make descision in Aug 2018 I have been refused reason is my wife is british born and I am not allowed to apply under EU law. Cause the rules has been changed in July 2012 and that time I was overstayed its really painful and confusing if i am not considering as partner of an eu citizen why did they grant me a 5 years before. I did contact solicitor and advice me to apply under UK route so I've got no choice. Went for it last month and I am waiting for any outcome thank for your time and any help or suggests let me know please thanks

bmrpl
Newly Registered
Posts: 14
Joined: Mon Oct 23, 2017 7:19 pm

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

Post by bmrpl » Mon Nov 19, 2018 10:39 am

Hi All,

Not sure how many people are still following this topic as it's much quieter here now. However I thought I'll share my experience with our biometric permanent residence cards which we got sorted within a record 2 weeks since submitting biometrics!!

Got a red post office notification card through the door on Saturday and the tracking number matched the one we used on return envelope. The whole weekend we were worried that something went terribly wrong as it was way too quick in my opinion.
My wife went to collect the package first thing today and presto - all documents returned with letter saying BRP cards will arrive within 10 working days.

My time line as per below:

- [x] Application sent: 24.10.2018
- [x] HO received the Application: 25.10.2018
- [x] Payment taken: 26.10.2018
- [ ] Email confirmation: none
- [x] Biometric letter: 03.11.2018 (dated: 31.10.2018)
- [x] Biometric enrolled: 03.11.2018
- [x] C.O.A letter received:
wife 14.11.2018 (dated: 06.11.2018)
daughter - none
- [x] PR Card and rest of the documents, received: 19.11.2018 (dated 16.11.2018)

Residence card to be sent within 10 days


Happy days!!

salu
Newly Registered
Posts: 22
Joined: Tue May 16, 2017 11:44 pm

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

Post by salu » Tue Nov 20, 2018 2:56 pm

@ Badis: I'm no expert but I believe your case is pretty much like the McCarthy case, which must of us have been collateral damage of... until the Lounes ruling.
If I correctly understood your story, I agree that you have to stay in the 'UK route'. I don't think you can use the 'EU route' (anymore) if the European rights of your sponsor come only through ancestry, unless the sponsor has actually lived in a European country. Good luck and keep us posted!

@ bmrpl: congratulations on getting your brp sorted so quickly!!!

@ everyone who's still reading this forum, I wanted to share with you that I've got my BC. One of the things I wasn't aware of is that you need to send your brp to have it safely destroyed afterwards. I cut it in 2 and sent it, but it was a strange feeling to get rid of something that took so much energy to get...

Good luck everyone!

bmrpl
Newly Registered
Posts: 14
Joined: Mon Oct 23, 2017 7:19 pm

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

Post by bmrpl » Tue Nov 20, 2018 3:32 pm

Well done @Salu!!

The BC will be our next step and we've already booked my wife's language exam!

Btw the PR cards arrived today and my step daughter's CoA arrived after the actual decision! Crazy, but overall over the moon.

Post Reply
cron