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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

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

Post by vinny » Mon Apr 03, 2017 9:40 am

Do dual EU-UK citizens have rights under EU law?
The reference was made in March 2016 and the hearing is apparently due to take place in May 2017, according to Counsel instructed in the cases Mr Parminder Saini
Case page


Update > judgment, 9A
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Obie
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Re: Do dual EU-UK citizens have rights under EU law?

Post by Obie » Mon Apr 03, 2017 3:37 pm

Great Vinny. Thought we had a sticky on this Lounes case, and the Transitional provision following Mccarthy.

It is very helpful and will be useful for many affected people.

Good thing is that their policy has confirmed that an EEA national who secured Citizenship after sponsoring family member will continue to be eligible to support that family member until they earned PR status.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

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

Post by vinny » Tue Apr 04, 2017 2:07 am

Obie wrote:Great Vinny. Thought we had a sticky on this Lounes case, and the Transitional provision following Mccarthy.
We may have had. But there was a period when there were problems with the database. Many sticky topics apparently got unstuck.
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vinny
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Re: Do dual EU-UK citizens have rights under EU law?

Post by vinny » Tue May 16, 2017 8:52 am

pochaco wrote:Case could mean EU citizens who become British citizens and keep dual nationality may be unable to bring family members to UK.

Toufik Lounes case heard. The preliminary opinion of the advocate general of the European court is due on 30 May, with the Grand Chamber’s judgment to be published in the summer.

https://www.theguardian.com/politics/20 ... are_btn_tw
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salu
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Re: Do dual EU-UK citizens have rights under EU law?

Post by salu » Tue May 16, 2017 11:52 pm

Obie wrote:Good thing is that their policy has confirmed that an EEA national who secured Citizenship after sponsoring family member will continue to be eligible to support that family member until they earned PR status.
Whose (and which) policy are you referring to, Obie? Do you have a reference/link for this? Thanks!

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

Post by vinny » Wed May 17, 2017 12:40 am

Probably, Obie was referring to the transitional provisions:
Obie wrote:the Transitional provision following Mccarthy.
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Re: Do dual EU-UK citizens have rights under EU law?

Post by Obie » Wed May 17, 2017 1:10 am

I was referring to THIS POLICY DOCUMENT, that one of our moderator colleague had drawn my attention to a while back.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

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

Post by marcsiga » Wed May 17, 2017 8:22 am

I was hoping that this case could help those eea family members as well who got their RC after 2013 and their sponsor become Dual National.

Do you guys think there is a hope for us as well? Or only for the people who had their RC before the McCarthy case?

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

Post by vinny » Wed May 17, 2017 9:50 am

Of course there's hope, as the case hasn't been decided yet.
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Re: Do dual EU-UK citizens have rights under EU law?

Post by marcsiga » Wed May 17, 2017 10:34 am

Thank You Vinny, then we are just keep on waiting a praying for the positive decision. Can't wait for the 30th May.
I think I talk on behalf of many people when I say that this decision would make a very big difference to our life and would take us out of the misery.

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

Post by anic00 » Wed May 17, 2017 8:47 pm

"The preliminary opinion of the advocate general of the European court is due on 30 May, with the Grand Chamber’s judgment to be published in the summer." (Guardian)

Let's say the court rules in favor of allowing dual EU-UK citizens to have rights under EU law.. (hypothesis)

When will this change take effect from? Immediately after the publication? Or do we need to wait for the Home Office to amend their procedures accordingly?

Thanks

Khaled31000
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Re: Do dual EU-UK citizens have rights under EU law?

Post by Khaled31000 » Wed May 24, 2017 12:34 pm

Hey guys
My wife she is British with british passport and irish 4 years ago I applied for a EEA family member it was 2012
And they give me 5 years visa and 1 month ago I was coming from from back home me and my wife and my son so.my wife she give the immigration officer her british passport so the officer said that I'm not entitled for EEA family member so after 1 week home office send letter that they cancelled my visa can you please advise me thanks

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

Post by vinny » Wed May 24, 2017 1:23 pm

Can you give exact dates of your applications and results in 2012? The transitional provisions may protect you, if the upcoming court judgment does not.
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Khaled31000
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Re: Do dual EU-UK citizens have rights under EU law?

Post by Khaled31000 » Wed May 24, 2017 1:31 pm

vinny wrote:Can you give exact dates of your applications and results in 2012? The transitional provisions may protect you, if the upcoming court judgment does not.
It was 15/9/2012 And they give me 5 years visa

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

Post by vinny » Wed May 24, 2017 1:34 pm

I think the transitional provisions protects you.
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Khaled31000
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Re: Do dual EU-UK citizens have rights under EU law?

Post by Khaled31000 » Wed May 24, 2017 1:38 pm

vinny wrote:I think the transitional provisions protects you.
I don't know what is mean but I done the appeal and I'm waiting for that court date

Khaled31000
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Re: Do dual EU-UK citizens have rights under EU law?

Post by Khaled31000 » Wed May 24, 2017 1:46 pm

Khaled31000 wrote:
vinny wrote:I think the transitional provisions protects you.
I don't know what is mean but I done the appeal and I'm waiting for that court date
Can you please explain to me what is mean thanks

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

Post by vinny » Wed May 24, 2017 10:25 pm

You seem to satisfy 9(3)(b ), etc.?
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Re: Do dual EU-UK citizens have rights under EU law?

Post by GMB » Thu May 25, 2017 10:30 am

Khaled31000 wrote:
Khaled31000 wrote:
vinny wrote:I think the transitional provisions protects you.
I don't know what is mean but I done the appeal and I'm waiting for that court date
Can you please explain to me what is mean thanks
Vinny is referring to the Transitional Provision put in place in the UK after the ECJ's McCarthy ruling (McCarthy Transitional Provision). For you the two critical dates are:
16 July 2012 - on this date did you have a right to reside in the UK as the family member of an EEA national? It appears you did.
16 October 2012 - on this date did you either have an EEA Residence Card already, or had you applied for one? You say you either had one or had applied for one on 15 Sep 2012 (you weren't very clear) so in either case, you meet this criterion as well.

Therefore you are protected by the McCarthy Transitional Provision, and the fact your spouse became a UK citizen has no effect on you at all. The Home Office was wrong to rescind your residence card. You could apply for another one, making VERY clear in a cover letter that you fall under the McCarthy provision, and that the cancelation of your previous RC was contrary to UK law. Or you could go through the courts to seek redress, but I know nothing about that.

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

Post by pochaco » Tue May 30, 2017 10:17 am

https://www.ft.com/content/a50ef5d0-0fe ... 5af5bb7f81

ECJ advocate general issues opinion against UK on non-EU residency rights


Non-EU nationals may be given the right to reside in a member state in which an EU family member lived before the family member acquired the nationality of that country, a legal adviser to Europe’s highest court has said.

A non-binding opinion of the advocate general in the European Court of Justice argues against Britain’s application of rules in the case of an Algerian national who married a woman who had Spanish nationality before she took UK nationality.

The case, which will now go forward for a binding ruling of ECJ judges, centres on complicated EU citizenship rights that will feature heavily in the opening phase of the Brexit negotiation that begins next month.

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