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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
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 » Sat Jan 26, 2019 12:07 pm

richiesuk wrote:
Thu Jan 24, 2019 6:59 pm
Hi 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
Hi Richard,

I get your point, however, settlement visa you applied in April 2018 will be overlooked as your circumstances have changed, you mentioned you both acquired PR in Malta that card will play a vital role, you both worked and resided together there and most importantly EU law is above UK law (as long as UK is in EU). That's why i recommend a thorough cover letter with your application.

In simple words, its all about exercising treaty rights. If you want to go on Lounes route, you have to return to UK exercise treaty rights (as you have Hungarian nationality) and apply for family permit for your spouse. The other option is utilize your British nationality, adopt Surinder Singh route and return with your spouse to UK and so forth.

Why i think Lounes does not apply in your situation is Lounes Spouse was Spanish woman, who had been living in the UK for twenty years. In 2013 she met Mr Lounes, who was unlawfully present in UK. She married him, and wanted him to live with her in Britain. British immigration law would not allow this, so she hoped to rely on the Citizenship Directive, which explicitly grants the right to migrant Union citizens to be accompanied or joined by members of their family, she succeeded and many users on this forum are grateful of her efforts including me.

In conclusion, you are not living here at the moment so Lounes is not gonna work for you. However, your doubts regarding your previous case and dogging the UK system, i can understand, but your spouse is not illegal here neither she is/was in EU state, in fact once her UK visa was refused you simply moved on to a different EU state while accompanied your spouse so there are fair chances of your success applying via Mr Singh's route. You are not cheating here but using your EU rights.

Family permits are free either you take Lounes route or Surinder Singh's and you have to pay a nominal fee for eea2 application for your spouse once she is here, in contrast, UK spouse visa application fee after 2.5 year another visa fee then indefinite leave fee, we are talking about 5 grand waste of money with strict rules.

Have faith as your case is genuine and do not hide anything while applying and utilize your dual UK-EU nationality.

Kam

Cupcake567
Newbie
Posts: 35
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Re: Do dual EU-UK citizens have rights under EU law?

Post by Cupcake567 » Wed Feb 13, 2019 10:31 am

Good 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 :)

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 Feb 14, 2019 2:35 pm

Cupcake567 wrote:
Wed Feb 13, 2019 10:31 am
Good 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 :)
Yes, after the Lounes case, it doesn't matter for your husband's residence card if you naturalize as
British citizen. You will still be counted as EEA (but you must continue exercising treaty rights).

kamoe
Senior Member
Posts: 952
Joined: Mon Sep 07, 2015 10:57 am

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

Post by kamoe » Sun Feb 24, 2019 3:40 pm

eubritish wrote:
Thu Feb 14, 2019 2:35 pm
Cupcake567 wrote:
Wed Feb 13, 2019 10:31 am
Good 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 :)
Yes, after the Lounes case, it doesn't matter for your husband's residence card if you naturalize as
British citizen. You will still be counted as EEA (but you must continue exercising treaty rights).
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.

Take a look at the most recent guidelines for PR, which explicitly include a section regarding family members of dual EU/UK nationals (p. 24): https://assets.publishing.service.gov.u ... 7.0ext.pdf
My posts express my personal opinion, formed with the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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 » Wed Feb 27, 2019 10:40 am

hi,

my work contract ends after 9 months/ in March in Malta.

would this be a good (enough) reason why we apply for the Surinder Singh route family permit route and also with the brexit uncertainty and march 29th getting closer? Do they take this into account at all? many thanks! have a nice day!

Richard

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 » Sat Mar 02, 2019 4:02 pm

eubritish wrote:
Thu Feb 14, 2019 2:35 pm
Cupcake567 wrote:
Wed Feb 13, 2019 10:31 am
Good 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 :)
Yes, after the Lounes case, it doesn't matter for your husband's residence card if you naturalize as
British citizen. You will still be counted as EEA (but you must continue exercising treaty rights).


Many thanks, thats a good news :)

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 » Sat Mar 02, 2019 4:06 pm

kamoe wrote:
Sun Feb 24, 2019 3:40 pm
eubritish wrote:
Thu Feb 14, 2019 2:35 pm
Cupcake567 wrote:
Wed Feb 13, 2019 10:31 am
Good 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 :)
Yes, after the Lounes case, it doesn't matter for your husband's residence card if you naturalize as
British citizen. You will still be counted as EEA (but you must continue exercising treaty rights).
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.

Take a look at the most recent guidelines for PR, which explicitly include a section regarding family members of dual EU/UK nationals (p. 24): https://assets.publishing.service.gov.u ... 7.0ext.pdf

Many thanks for replying :) I have never realised that the document was updated.

Do you think I need to apply for this new registratiob certificate after brexit to keep my European status valid? Its obvious that my husband has to.

Cheers

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 » Fri Mar 08, 2019 2:17 pm

Hello All,

One more question - with Brexit coming up and a new way of registering ourselves for HO - do you think that matters if I register as EU citizen first and then apply for Naturalization or this wouldn't matter?

My husband lives in UK relying on my EEA nationality and I am afraid to mess up something.

Any suggestions?

Cheers.

it91
Junior Member
Posts: 96
Joined: Thu Oct 11, 2018 2:22 pm

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

Post by it91 » Thu Jul 11, 2019 4:10 pm

Any news or changes in the Lounes case?

I will apply for my residence card through my dual EEA/Uk citizen husband who acquired British citizenship recently. How long does it take it to be processed? Which supporting documents are needed? Is there going to be biometric appointment needed? Is the form about 60 pages?

thanks!
24.01.15-31.12.19:Tier 4 visa
02.08.19: Applied to Lounes Pre Settled Status
08.08.219: Passports back with biometrics letter
12.08.19: Biometrics submitted
15.08.19: CoA issued (received on 19th)
30.08.19: Pre Settled Status Granted
09.09.19: BRP arrived

lappotto
Newly Registered
Posts: 20
Joined: Wed Jan 18, 2017 7:32 pm

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

Post by lappotto » Mon Jul 22, 2019 1:24 pm

it91 wrote:
Thu Jul 11, 2019 4:10 pm
Any news or changes in the Lounes case?

I will apply for my residence card through my dual EEA/Uk citizen husband who acquired British citizenship recently. How long does it take it to be processed? Which supporting documents are needed? Is there going to be biometric appointment needed? Is the form about 60 pages?

thanks!
See below in bold

How long does it take it to be processed? HO said up to six months, I keep calling them every 4 weeks or so
Which supporting documents are needed? usual... IDs, docs certifying your EEA/UK citizen nationality, proof of residence for you and the EEA/UK citizen, and proof that the EEA/UK citizen has continued to exercise treaty rights (i.e. working).
Is there going to be biometric appointment needed? Yes, unless you have it already
Is the form about 60 pages? 44 pages

it91
Junior Member
Posts: 96
Joined: Thu Oct 11, 2018 2:22 pm

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

Post by it91 » Wed Aug 14, 2019 7:37 am

In my case HO said they cannot give a time like it can take up to 6 months. They just keep saying, Lounes case/ paper applications take significantly longer than online application.

So far they’ve returned my passport quickly and I sent my biometrics with no hassle and no cost. So far so good. I’ll update when i’ll receive my CoA and RC.
24.01.15-31.12.19:Tier 4 visa
02.08.19: Applied to Lounes Pre Settled Status
08.08.219: Passports back with biometrics letter
12.08.19: Biometrics submitted
15.08.19: CoA issued (received on 19th)
30.08.19: Pre Settled Status Granted
09.09.19: BRP arrived

ariskar
Member of Standing
Posts: 281
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Location: Westminster, London
Mood:
Greece

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

Post by ariskar » Mon Aug 19, 2019 4:05 pm

it91 wrote:
Wed Aug 14, 2019 7:37 am
In my case HO said they cannot give a time like it can take up to 6 months. They just keep saying, Lounes case/ paper applications take significantly longer than online application.

So far they’ve returned my passport quickly and I sent my biometrics with no hassle and no cost. So far so good. I’ll update when i’ll receive my CoA and RC.
This exact situation is a shame. The unfavourable treatment through this process, postal cost, timing, etc. of applicants for the mere fact that their EEA/EU family member is also British is the very definition of facial discrimination against British citizens and by association to their family members. This should come as no surprise as the Home Office has a track record of being institutionally dearly beloved, but this time surprisingly so dearly beloved against British citizens! :roll:

Being in the same situation, we have filed a facial discrimination formal complaint, awaiting an answer, to refer this practice through our MP to the parliamentary ombudsman.

it91
Junior Member
Posts: 96
Joined: Thu Oct 11, 2018 2:22 pm

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

Post by it91 » Mon Aug 19, 2019 4:21 pm

ariskar wrote:
Mon Aug 19, 2019 4:05 pm
it91 wrote:
Wed Aug 14, 2019 7:37 am
In my case HO said they cannot give a time like it can take up to 6 months. They just keep saying, Lounes case/ paper applications take significantly longer than online application.

So far they’ve returned my passport quickly and I sent my biometrics with no hassle and no cost. So far so good. I’ll update when i’ll receive my CoA and RC.
This exact situation is a shame. The unfavourable treatment through this process, postal cost, timing, etc. of applicants for the mere fact that their EEA/EU family member is also British is the very definition of facial discrimination against British citizens and by association to their family members. This should come as no surprise as the Home Office has a track record of being institutionally dearly beloved, but this time surprisingly so dearly beloved against British citizens! :roll:

Being in the same situation, we have filed a facial discrimination formal complaint, awaiting an answer, to refer this practice through our MP to the parliamentary ombudsman.
I’m sorry that you had to go through this (me too)! Qhen did you exactly apply? Did you receive your CoA?
24.01.15-31.12.19:Tier 4 visa
02.08.19: Applied to Lounes Pre Settled Status
08.08.219: Passports back with biometrics letter
12.08.19: Biometrics submitted
15.08.19: CoA issued (received on 19th)
30.08.19: Pre Settled Status Granted
09.09.19: BRP arrived

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

Post by CR001 » Mon Aug 19, 2019 4:59 pm

it91 wrote:
Mon Aug 19, 2019 4:21 pm
ariskar wrote:
Mon Aug 19, 2019 4:05 pm
it91 wrote:
Wed Aug 14, 2019 7:37 am
In my case HO said they cannot give a time like it can take up to 6 months. They just keep saying, Lounes case/ paper applications take significantly longer than online application.

So far they’ve returned my passport quickly and I sent my biometrics with no hassle and no cost. So far so good. I’ll update when i’ll receive my CoA and RC.
This exact situation is a shame. The unfavourable treatment through this process, postal cost, timing, etc. of applicants for the mere fact that their EEA/EU family member is also British is the very definition of facial discrimination against British citizens and by association to their family members. This should come as no surprise as the Home Office has a track record of being institutionally dearly beloved, but this time surprisingly so dearly beloved against British citizens! :roll:

Being in the same situation, we have filed a facial discrimination formal complaint, awaiting an answer, to refer this practice through our MP to the parliamentary ombudsman.
I’m sorry that you had to go through this (me too)! Qhen did you exactly apply? Did you receive your CoA?
The ops spouse has ilr under the immigration rules as a refugee with 5 years residence and I believe has applied for citizenship too. The spouse did not come through the EEA/EU family member route. The op is basically straddling all applications for some reason even though the spouse already has ilr.
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.

ariskar
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Location: Westminster, London
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Greece

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

Post by ariskar » Tue Aug 20, 2019 7:23 am

it91 wrote:
Mon Aug 19, 2019 4:21 pm
ariskar wrote:
Mon Aug 19, 2019 4:05 pm
it91 wrote:
Wed Aug 14, 2019 7:37 am
In my case HO said they cannot give a time like it can take up to 6 months. They just keep saying, Lounes case/ paper applications take significantly longer than online application.

So far they’ve returned my passport quickly and I sent my biometrics with no hassle and no cost. So far so good. I’ll update when i’ll receive my CoA and RC.
This exact situation is a shame. The unfavourable treatment through this process, postal cost, timing, etc. of applicants for the mere fact that their EEA/EU family member is also British is the very definition of facial discrimination against British citizens and by association to their family members. This should come as no surprise as the Home Office has a track record of being institutionally dearly beloved, but this time surprisingly so dearly beloved against British citizens! :roll:

Being in the same situation, we have filed a facial discrimination formal complaint, awaiting an answer, to refer this practice through our MP to the parliamentary ombudsman.
I’m sorry that you had to go through this (me too)! Qhen did you exactly apply? Did you receive your CoA?
We received CoA for the online application, not the paper one. Then asked to post paper form after receiving CoA. We attached CoA instead of providing supporting documents or ID with paper form, so that they use online application submitted documents as proof.

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