EEA Family permit as a dual naturalised British citizen

danielssfi · Post by **danielssfi** » Fri Apr 02, 2021 5:21 am

Hi everybody,

I am a dual citizen of the UK and Latvia (EU). I came to the UK as a child, got residence documentation (blue booklet). After that I became British citizen and kept Latvian.

I am trying to find a way to bring my partner of 3 years to the UK. Partner is non-EEA citizen.
For the past 2 years we lived together abroad because of COVID restrictions.
We are planning to live together in the UK.

From my research we are eligible to apply for partners EU Settlement Scheme family permit becasue following applies:

someone who lived in the UK as an EU, EEA or Swiss citizen before also getting British citizenship.

Also

Evidence if you’re joining a person with dual citizenship

You’ll need to provide evidence that shows:

your family member is a British citizen - for example a copy of their passport
they’d meet the other eligibility criteria for the EU Settlement Scheme if they made an application before 1 July 2021, even though they cannot apply

Am I correct in my assumptions that we can apply for this scheme?

secret.simon · Post by **secret.simon** » Sat Apr 03, 2021 12:44 pm

Contact the EU SS Contact centre to ask for a Lounes application form for a family member of a dual British-EU citizen.

danielssfi · Post by **danielssfi** » Sat Apr 03, 2021 1:59 pm

To be clear, my partner is 'not spuse', we were thinming of 'durable partner route. Does this still apply?

I was reffering to this section/category under which we seem to fall

If you’re joining an EU, EEA or Swiss citizen who lived in the UK before getting British citizenship

To be eligible the person you’re joining must:

be an EU, EEA or Swiss citizen
have become a naturalised British citizen after working, studying or being self-sufficient in the UK

This seems to be online application which is more convenient. I don't understand the difference between Lounes vs EUSS FP apart from application process. Are we not eligible for both schemes?

danielssfi · Post by **danielssfi** » Sat Apr 03, 2021 2:11 pm

Saw this.

Who cannot use this service

You cannot use the online service to apply to the scheme if you’re applying as:

the family member of a British citizen you lived with in Switzerland or an EU or EEA country
the family member of a British citizen who also has EU, EEA or Swiss citizenship and who lived in the UK as an EU, EEA or Swiss citizen before getting British citizenship
the primary carer of a British, EU, EEA or Swiss citizen
the child of an EU, EEA or Swiss citizen who used to live and work in the UK, and you’re in education - or you’re the child’s primary carer

Contact the EU Settlement Resolution Centre online to find out how to apply.

Still, why Lounes over EUSS FP?

secret.simon · Post by **secret.simon** » Sat Apr 03, 2021 2:38 pm

danielssfi wrote: ↑
Sat Apr 03, 2021 2:11 pm
why Lounes over EUSS FP?

It's not Lounes vs EUSS FP. You will be making a Lounes application for an EUSS FP.

The Lounes Judgment of the ECJ defined the rights of a dual British-EU citizen to sponsor family members under EU law. That has been preserved under the Withdrawal Agreement.

Essentially, the EUSS is the broader category, within which there are subcategories, such as Lounes, Surinder Singh, etc. All of them will result in the grant of an EUSS FP or equivalent status, but it is possible that the processing of such applications within the Home Office is routed/treated differently to those of purely EU citizens and hence the requirement for separate applications forms (separate application forms are also required for Surinder Singh applicants; family members of British citizens who have exercised treaty rights in the rest of the EU before 31st January 2020).

If successful, you will be issued an EUSS FP.

danielssfi · Post by **danielssfi** » Sat Apr 03, 2021 2:43 pm

Thank you. Emailed EUSS support.

danielssfi · Post by **danielssfi** » Wed Apr 07, 2021 5:44 pm

secret.simon wrote: ↑
Sat Apr 03, 2021 2:38 pm

danielssfi wrote: ↑
Sat Apr 03, 2021 2:11 pm
why Lounes over EUSS FP?
It's not Lounes vs EUSS FP. You will be making a Lounes application for an EUSS FP.

The Lounes Judgment of the ECJ defined the rights of a dual British-EU citizen to sponsor family members under EU law. That has been preserved under the Withdrawal Agreement.

Essentially, the EUSS is the broader category, within which there are subcategories, such as Lounes, Surinder Singh, etc. All of them will result in the grant of an EUSS FP or equivalent status, but it is possible that the processing of such applications within the Home Office is routed/treated differently to those of purely EU citizens and hence the requirement for separate applications forms (separate application forms are also required for Surinder Singh applicants; family members of British citizens who have exercised treaty rights in the rest of the EU before 31st January 2020).

If successful, you will be issued an EUSS FP.

We were direceted to the online process of EUSS FP. After we receive that, we will need to apply trough paper application via Lounes route in the UK.

I will keep this thread updated with meaningful updates.

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EEA Family permit as a dual naturalised British citizen

EEA Family permit as a dual naturalised British citizen

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