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

So what happeneds to the people who already had a recent ceremony and are now currently dual national?
Surely the ruling will also apply to them? I'm extreemly worried at the moment!

Morning

It’s 9:30 am in the European court and soon the verdict will be out

Back on this forum again after Vinny created a link of dual national rights back in April as I asked series of questions related to my husbands dual nationality

Glad to see people posted a lot of information

Hoping the judgement will come in favor of us

Let’s see what happens

Good morning
Keeping my fingers and toes :~)

I can't wait for the decision to come in our favor. Very nervous. I am dying to pee but don't want to leave the computer searching for the decision to show somewhere.

https://curia.europa.eu/jcms/upload/doc ... 0121en.pdf

Here is the decision which is favorable to Lounes.

Here it’s what the Lounes barrister said on his Twitter account 1 min ago


Parm Saini
@PPSSaini
·
1m
Lounes C-165/16: Success! Grand Chamber gives landmark judgment in favour of protecting dual EU nationals' #freemovement rights & the effectiveness of those rights by giving derived residence to their family

Accordingly, the Court holds that a non-EU national in Mr Lounes’ situation is eligible for a
derived right of residence under Article 21(1) TFEU, on conditions which must not be
stricter than those provided for by the directive for the grant of such a right to a thirdcountry
national who is a family member of an EU citizen who has exercised his right of
freedom of movement by settling in a Member State other than the Member State of which he is
a national.

However, will Lounes be able to acquire Permanent Residence?

You can’t count time spent in the UK with a derivative right of residence towards applying for permanent residence in the UK.

https://www.gov.uk/derivative-right-residence

What do you mean by the derivative right of residence

pochaco wrote: ↑

Tue Nov 14, 2017 9:38 am

Accordingly, the Court holds that a non-EU national in Mr Lounes’ situation is eligible for a
derived right of residence under Article 21(1) TFEU, on conditions which must not be
stricter than those provided for by the directive for the grant of such a right to a thirdcountry
national who is a family member of an EU citizen who has exercised his right of
freedom of movement by settling in a Member State other than the Member State of which he is
a national.

However, will Lounes be able to acquire Permanent Residence?

You can’t count time spent in the UK with a derivative right of residence towards applying for permanent residence in the UK.

https://www.gov.uk/derivative-right-residence

Please note, I might be wrong as I am not a lawyer neither an expert. But at first glance the court says, that Lounes is entitled to a derived right of residence and as the holder of such a right he can live in the UK with his wife. However, the UK government website says that those with a derivative right of residence cannot count the years spent in the UK towards Permanent Residence, and without PR they will not be able to apply for British citizenship either.

Is my interpretation corect?

pochaco wrote: ↑

Tue Nov 14, 2017 9:53 am

Please note, I might be wrong as I am not a lawyer neither an expert. But at first glance the court says, that Lounes is entitled to a derived right of residence and as the holder of such a right he can live in the UK with his wife. However, the UK government website says that those with a derivative right of residence cannot count the years spent in the UK towards Permanent Residence, and without PR they will not be able to apply for British citizenship either.

Is my interpretation corect?

I don't think so. Non-EEA family members always 'derive' their rights from the directive and in this case they will 'derive' their rights from the TEFU, so I don't believe there is a difference.

[/quote]

I don't think so. Non-EEA family members always 'derive' their rights from the directive and in this case they will 'derive' their rights from the TEFU, so I don't believe there is a difference.
[/quote]

I agree with your interpretation,however would be great to see how Gurus will explain the outcome.

The Guardian reports: EU citizens who become British can still have non-EU spouses live with them, court rules

https://www.theguardian.com/uk-news/201 ... them-court

“The court has held that the UK has been wrong to refuse to recognise free movement rights for all those EU citizens who have been naturalising as British following the Brexit referendum. After Brexit, though, all those rights will be lost unless an agreement is reached to retain them.” said the immigration barrister Colin Yeo, an expert on freedom of movement.

I read it on the contrary, i.e. Lounes won't be able to obtain PR, but will be able to stay in the UK, live and work.

I am waiting for the full judgment to have a clearer view, but we might also need to wait the high court dealing with this point, if at all.

Looks like the judgement does cover just one section of family members, not Other family members. And in light of the on going Brexit negotiations on citizen's rights, it's obvious the ECJ could not contradict with what the EU negotiators are pushing for after Brexit, that current EU citizens exercising treaty rights in the UK, should continue with there rights to be joined by there non EU Family members.

Does anyone know if this benefits european dependents children of a dual uk/eu citizen?

vinny wrote: ↑

Thu Jan 11, 2018 1:00 am

Dual citizens and EU citizenship: clarification from the ECJ

Ok , thank you very much for the Link , so , we all now are aware about ECJ decision in `Lounes case . But I still can not find any info about when do these changes will take effect in the UK law ? any idea ?
sorry if I thing it wrong , but do the ECJ decision has to be `implemented` in to the UK law ? or Home Office worker (for example) will just always refer to EU law when making a decision of granting or rejecting a Permanent Residence Application ? And do he/she will be aware about ECJ decision in `Lounes` case ?
Thanks in advance .

Currently,

Judicial precedent wrote:Decisions from the ECJ are binding on all courts in England & Wales.

vinny wrote: ↑

Thu Jan 11, 2018 11:58 pm

Currently,

that`s all about what will happen after Brexit , but what about now /nearest time before the Brexit happens ? Do the ECJ decisions (like in Lounes case) going directly into the UK Law ? if yes - how long time it normally takes ?
do Dual citizens can rely on ECJ decision in `Lounes`already now (when applying for PR) ?
Guru`s on here -please any info or foreseeing ?

Judicial precedent wrote:Decisions from the ECJ are binding on all courts in England & Wales.

Do that`s mean Home Office caseworker also will be aware about `Lounes case`when making a decision on PR application for Dual Citizens Spouses ,
or is it just UK Courts who have to `listen` to the ECJ ?

any info are greatly appreciated. thanks

Good evening,

I have restarted doing my research regarding dual British and EEA citizen married to non-EEA citizen but I can't figure out the below (after November 2017 decisions):

1. Is it possible as of now for EU citizen who was naturalised as British to keep their EU rights? If naturalised as British can my spouse join me in UK under EEA Family Permit or the spouse will be treated as a spouse of British citizen and then we need to apply for VISA?

2. If the spouse joins under EEA Family Permit can he still remain in UK after Brexit (March 2019)? I am not sure if any legislation is mentioning what is going to happen with family members of EEA nationals living in UK after Brexit?

Thank you.

1- Yes, your spouse will be treated as EEA family member.
2- Nobody knows.

Thank you eeaprneu2 for your reply.

Can you please point me into a direction of a legal document proving the change of the rules?

I am thinking of applying for BC now, however I am afraid that while I am a dual citizen HO will refuse my partner’s EEA Application for joing me here in UK. We are getting married in few months and we would like to apply for Eea Family Permit after the ceremony. If I apply now for BC I might receive my BC around the same time or a little bit earlier to the EEA application time. Do you think overlapping date will be a problem?

I am very lost now. I am not sure if HO has officially agreed for Dual EEA and British to keep EEA rights. Your help will be much appreciated.

eeaprneu2 wrote: ↑

Wed Jan 17, 2018 10:28 pm

1- Yes, your spouse will be treated as EEA family member.
2- Nobody knows.

UKVI has not updated their guidance yet so I don't think there is any official notice yet anywhere, at least I haven't seen any. However they only issue guidance, they don't make the law which ECJ has clarified in its judgement.

You can refer to the Lounes case judgement in your application. Their refusal will be illegal and you can appeal against it.

Thats what I would do if I were you in your place but perhaps others on the forum might have a better suggestion.