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Dual British/Maxican, EEA Husband and FP

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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stonecold
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Dual British/Maxican, EEA Husband and FP

Post by stonecold » Fri Jun 26, 2015 11:46 am

Hi Guys, I am little confused and would be grateful if you could clarify me.

I understand that Dual British/EU is British and cannot apply under EU Law.

However, what if I am Dual British/Mexican and my Husband is EEA National with PR status in UK. Can he apply FP for his mother in Law (my mother) under EU law. Please note that she is living outside EEA and dependant on both of us and we are regularly sending money. Much appreciated,

stonecold
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Posts: 16
Joined: Mon Nov 03, 2014 2:28 pm

Re: Dual British/Maxican, EEA Husband and FP

Post by stonecold » Wed Jul 01, 2015 11:33 am

Please can anyone advise. Much appreciated.

el patron
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Location: Northern Ireland

Re: Dual British/Maxican, EEA Husband and FP

Post by el patron » Wed Jul 01, 2015 11:47 am

As I understand the position yes, your mother can apply as she is dependant upon her son-in-law who is an EEA national

secret.simon
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Re: Dual British/Maxican, EEA Husband and FP

Post by secret.simon » Wed Jul 01, 2015 4:48 pm

I disagree with el patron.

Dual British/any other nationality is treated solely as a British citizen in the UK. It is not limited to the EU.

Although your EEA husband will be applying for the FP, the form will almost certainly require him (I'm not sure) to disclose that his relationship is through a British citizen (yourself). I could be wrong, but then I think you would be required to apply under UK rules, not EEA rules.

My knowledge of EEA Regulations is minimal and I'm applying the kind of logic a Home Office employee is likely to use.

el patron
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Posts: 335
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Location: Northern Ireland

Re: Dual British/Maxican, EEA Husband and FP

Post by el patron » Wed Jul 01, 2015 5:02 pm

secret.simon wrote:I disagree with el patron.

Dual British/any other nationality is treated solely as a British citizen in the UK. It is not limited to the EU.

Although your EEA husband will be applying for the FP, the form will almost certainly require him (I'm not sure) to disclose that his relationship is through a British citizen (yourself). I could be wrong, but then I think you would be required to apply under UK rules, not EEA rules.

My knowledge of EEA Regulations is minimal and I'm applying the kind of logic a Home Office employee is likely to use.
That would then deprive the EEA national of their EC treaty rights, which should have priority over UK immigration rules

stonecold
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Posts: 16
Joined: Mon Nov 03, 2014 2:28 pm

Re: Dual British/Maxican, EEA Husband and FP

Post by stonecold » Mon Jul 06, 2015 8:23 am

Thanks guys! I just started the process for FP but now very confused after reading secret.Simmons reply. I would be grateful if any gru or same experience person advice would be much aappreciated. Please help me..thanks

el patron
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Posts: 335
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Location: Northern Ireland

Re: Dual British/Maxican, EEA Husband and FP

Post by el patron » Mon Jul 06, 2015 1:28 pm

secret.simon wrote:I disagree with el patron.

Dual British/any other nationality is treated solely as a British citizen in the UK. It is not limited to the EU.

Although your EEA husband will be applying for the FP, the form will almost certainly require him (I'm not sure) to disclose that his relationship is through a British citizen (yourself). I could be wrong, but then I think you would be required to apply under UK rules, not EEA rules.

My knowledge of EEA Regulations is minimal and I'm applying the kind of logic a Home Office employee is likely to use.
Just to provide clarification the EEA form does not require disclosure of nationality of the spouse of the EEA national.

if you look at section 8.8 (of the paper EEA family permit form by way of example) you will see the questions. In any event I do not see why the EEA spouse has his or her rights diminished should their spouse have British nationality, the family link is there with the EEA national and that is all that is required.

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