- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha
Congratulations Salu,salu wrote: ↑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!
[/quote]Cupcake567 wrote: ↑Wed Nov 21, 2018 12:26 pmGood afernoon, I am resubmitting my previous post. Please, please advise.
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.
Thanks for helping me.kam999 wrote: ↑Tue Oct 23, 2018 3:38 pmhi E Li,E Li wrote: ↑Sat Oct 20, 2018 12:20 pmMy 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?
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.
E Li wrote: ↑Wed Nov 21, 2018 11:48 pmkam999 wrote: ↑Tue Oct 23, 2018 3:38 pmHi E Li,E Li wrote: ↑Sat Oct 20, 2018 12:20 pm
Thanks for helping me.
You are right, I already applied EEA PR before posted this message.
I just got BRP card yeasterday which wrote permanent residence for 10 years.
However I haven’t got the decision letter and our documents yet.
Not sure if this is the PR card?
As most of people get decision letter and documents before the BRP card.
Congratulations! Yes, you received PRC, the 10 year age is to renew the photo n stuff. However, you wont be worrying about it as by then you less likely would have settled status and most likely would have achieved BC. Your rest of the documents should follow shortly after the card. All the best.
kam999 wrote: ↑Thu Nov 22, 2018 2:56 pmE Li wrote: ↑Wed Nov 21, 2018 11:48 pmThanks Kam, I got decision letter, my husband PR card and all the documents today.kam999 wrote: ↑Tue Oct 23, 2018 3:38 pmHi E Li,E Li wrote: ↑Sat Oct 20, 2018 12:20 pm
Thanks for helping me.
You are right, I already applied EEA PR before posted this message.
I just got BRP card yeasterday which wrote permanent residence for 10 years.
However I haven’t got the decision letter and our documents yet.
Not sure if this is the PR card?
As most of people get decision letter and documents before the BRP card.
Congratulations! Yes, you received PRC, the 10 year age is to renew the photo n stuff. However, you wont be worrying about it as by then you less likely would have settled status and most likely would have achieved BC. Your rest of the documents should follow shortly after the card. All the best.
We will need to change to British Settlement after 30/03/2018, then after 1 year can apply British citizen.
I think it will be only me to apply British citizen.
My husband should just claim his British passport.
Hi Cupcake,kam999 wrote: ↑Wed Nov 21, 2018 3:54 pmCupcake567 wrote: ↑Wed Nov 21, 2018 12:26 pmGood afernoon, I am resubmitting my previous post. Please, please advise.
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.
[/quote]Malik_01 wrote: ↑Tue Jan 01, 2019 4:05 pmHi Kam,
Congratulations for your PR card. My question to you is that whether you needed to quote Lounes case with your application? If yes, then what material or publications did you use?
My PR is due in March this year and my wife already has both PR and BC. I am also thinking whether I should wait for Settled status or simply apply under the paper-based application basis.
Much appreciated,
A
kam999 wrote: ↑Wed Nov 21, 2018 3:54 pmCupcake567 wrote: ↑Wed Nov 21, 2018 12:26 pmGood afernoon, I am resubmitting my previous post. Please, please advise.
Thank you.
Thank you Malik,kam999 wrote: ↑Wed Jan 02, 2019 8:34 pmMalik_01 wrote: ↑Tue Jan 01, 2019 4:05 pmHi Kam,
Congratulations for your PR card. My question to you is that whether you needed to quote Lounes case with your application? If yes, then what material or publications did you use?
My PR is due in March this year and my wife already has both PR and BC. I am also thinking whether I should wait for Settled status or simply apply under the paper-based application basis.
Much appreciated,
A
kam999 wrote: ↑Wed Nov 21, 2018 3:54 pmCupcake567 wrote: ↑Wed Nov 21, 2018 12:26 pmGood afernoon, I am resubmitting my previous post. Please, please advise.
Thank you.
richiesuk wrote: ↑Wed Jan 09, 2019 9:43 amDear all,
I am a dual Hungarian / British citizen (gained the British in 2012)
I have a a Peruvian wife since 12/2017
We applied for the settlement Spouse Visa in April 2018 and we did the wrong type of the IELTS exam, so the visa was refused (everything else were OK)
In the meantime I got a nice job offer in Malta (till April 2019 and possibly extended till end of 2019), so we moved over in June 2018.
Since then we live here,kinda started our new life, and planned to settle if everything is OK, both of us work and have Permanent resident cards (I have a local bank account too), so there was no intention at all to use the Surinder Singh route to go back to UK later.
After spending 7 months here we decided to move to NL or back to the UK, because we are not so happy here.
few months ago I read about the Lounes case and I am confused a bit.
what would be the best way to go back to UK?
we could try the Surinder Singh route, if they believe our story...
Would the Lounes case apply to us if I move back to UK?
many thanks in advance,
Best wishes,
Richard
Hi Richard,richiesuk wrote: ↑Wed Jan 16, 2019 7:03 amHi,
Could anybody omment on this?
Thanks
richiesuk wrote: ↑Wed Jan 09, 2019 9:43 amDear all,
I am a dual Hungarian / British citizen (gained the British in 2012)
I have a a Peruvian wife since 12/2017
We applied for the settlement Spouse Visa in April 2018 and we did the wrong type of the IELTS exam, so the visa was refused (everything else were OK)
In the meantime I got a nice job offer in Malta (till April 2019 and possibly extended till end of 2019), so we moved over in June 2018.
Since then we live here,kinda started our new life, and planned to settle if everything is OK, both of us work and have Permanent resident cards (I have a local bank account too), so there was no intention at all to use the Surinder Singh route to go back to UK later.
After spending 7 months here we decided to move to NL or back to the UK, because we are not so happy here.
few months ago I read about the Lounes case and I am confused a bit.
what would be the best way to go back to UK?
we could try the Surinder Singh route, if they believe our story...
Would the Lounes case apply to us if I move back to UK?
many thanks in advance,
Best wishes,
Richard
Hi Richard,richiesuk wrote: ↑Fri Jan 18, 2019 11:18 amDear Kam!
many thanks for your input and thoughts!
looks like some lawyers are confused too as they say we cannot go thru' Surinder Sihgn route, we have to apply spouse visa because I am dual citizen.
'Dear Richard,
As you hold both British and EU nationality; it would not be possible for your Peruvian wife to apply for an EEA Family Permit (Surinder Sihgn).
You will need to apply for a Spousal visa on this basis. Please let me know if there is anything else that we can assist you with. '
Richard
Hi Richard,richiesuk wrote: ↑Thu Jan 24, 2019 6:59 pmHi Kam,
Your input much appreciated,
Just one more thought:
Are you familiar with the Lounes case too?
As far as I know I could apply for the family permit for my wife if I was in UK at the moment, for free (as I am being dual citizen and I used my free movement rights before I got my British citizenship)
Hence my application for Surinder Sighn would rule out the following check point query:
(Would this be a strong point for us?)
-the purpose of the residence in the EEA host country was not as a means to circumvent any UK immigration law applying to non-EEA nationals (e.g. the Immigration Rules) [ie. avoiding the settlement visa fees]
Thanks
Richard
Yes, after the Lounes case, it doesn't matter for your husband's residence card if you naturalize asCupcake567 wrote: ↑Wed Feb 13, 2019 10:31 amGood morning,
Could you please advise-
Im planning to apply for BC as an EEA citizen living in Uk for over 6 years. My non-EEA husband joined me in UK last year and currently he holds Residence Card.
With the law changed in July 2018, stating that spouse of dual EEA and British citizen can benefit of their EEA rights I am encouraged to apply for BC, so my husband be here in my EEa rights. Am I correct thinking that way? I will post my application for BC before brexit but If all goes well naturalisation will be after Brexit. Do you think I am safe to put my application through?
Many thanks![]()
AND you should also not do anything that invalidates your Permanent Residence (like leaving the UK for two years). Your Permanent Residence being valid is what makes it possible for your non-EU family member to apply through the EU route rather than the UK immigration rute.eubritish wrote: ↑Thu Feb 14, 2019 2:35 pmYes, after the Lounes case, it doesn't matter for your husband's residence card if you naturalize asCupcake567 wrote: ↑Wed Feb 13, 2019 10:31 amGood morning,
Could you please advise-
Im planning to apply for BC as an EEA citizen living in Uk for over 6 years. My non-EEA husband joined me in UK last year and currently he holds Residence Card.
With the law changed in July 2018, stating that spouse of dual EEA and British citizen can benefit of their EEA rights I am encouraged to apply for BC, so my husband be here in my EEa rights. Am I correct thinking that way? I will post my application for BC before brexit but If all goes well naturalisation will be after Brexit. Do you think I am safe to put my application through?
Many thanks![]()
British citizen. You will still be counted as EEA (but you must continue exercising treaty rights).