Family Permit for a family member of a dual Polish/British

Hi,

I came to UK in 2007 and acquired permanent residence (PR) in 2012 and British citizenship in 2013. I have not left UK for longer than 2 a years and therefore my PR should still be in force. Can I bring my to be wife (non-EU citizen) to UK on family permit. Looking at the information online I have an idea that the transitional arrangement apply to me. Please look at point 16.

https://www.gov.uk/government/publicati ... ily-permit


Thanks for any replies.

As you have British Citizenship, the regulations says you cannot be a Polish citizen also, and therefore EU law does not apply to you.

I believe the British Government is wrong, and you will have to fight them in court about this, but that is what they said.

EU law says PR status is only lost by an absence of 2 years from the Host memberstate.

The UK government has added another criteria, which is that PR is lost by acquisition of the Host memberstate nationality.

syzmonf wrote:Hi,

I came to UK in 2007 and acquired permanent residence (PR) in 2012 and British citizenship in 2013. I have not left UK for longer than 2 a years and therefore my PR should still be in force. Can I bring my to be wife (non-EU citizen) to UK on family permit. Looking at the information online I have an idea that the transitional arrangement apply to me. Please look at point 16.

https://www.gov.uk/government/publicati ... ily-permit


Thanks for any replies.

Hello szymonf!
A friend of mine had no problems to get an EEA Family Permit and now she is waiting for a residence card.
She is non EU and her husband has dual nationality.

Xenia wrote:

syzmonf wrote:Hi,

I came to UK in 2007 and acquired permanent residence (PR) in 2012 and British citizenship in 2013. I have not left UK for longer than 2 a years and therefore my PR should still be in force. Can I bring my to be wife (non-EU citizen) to UK on family permit. Looking at the information online I have an idea that the transitional arrangement apply to me. Please look at point 16.

https://www.gov.uk/government/publicati ... ily-permit


Thanks for any replies.

Hello szymonf!
A friend of mine had no problems to get an EEA Family Permit and now she is waiting for a residence card.
She is non EU and her husband has dual nationality.

Thx Xenia

Did she finally get the Family Permit?

szymon

Obie wrote:As you have British Citizenship, the regulations says you cannot be a Polish citizen also, and therefore EU law does not apply to you.

I believe the British Government is wrong, and you will have to fight them in court about this, but that is what they said.

EU law says PR status is only lost by an absence of 2 years from the Host memberstate.

The UK government has added another criteria, which is that PR is lost by acquisition of the Host memberstate nationality.

Hi Obie,

Can you please point me to the legislation that introduces this new criterion?

Szymon

Of course she did, she is in the UK now and waiting for a residence card, which is your next thing to apply after family permit but you apply from the UK don't have to leave country, it will be valid for 5 years

Regulation 2 defines an EEA national , as national of an EEA state, who is not also a British citizen.

The consequence of this is that if you hold a British citizenship, you are not an EEA national.

Xenia wrote:Of course she did, she is in the UK now and waiting for a residence card, which is your next thing to apply after family permit but you apply from the UK don't have to leave country, it will be valid for 5 years

Can you tell me how she got it? Was there a problem? Did she have to appeal?

syzmonf wrote:

Xenia wrote:Of course she did, she is in the UK now and waiting for a residence card, which is your next thing to apply after family permit but you apply from the UK don't have to leave country, it will be valid for 5 years

Can you tell me how she got it? Was there a problem? Did she have to appeal?

Well, there wasn't any problem at all, it took two weeks to get a family permit after applying from her original country.
The only thing is different to your situation, they were already married and applied as married couple.

aukro wrote:

syzmonf wrote:

Xenia wrote:Of course she did, she is in the UK now and waiting for a residence card, which is your next thing to apply after family permit but you apply from the UK don't have to leave country, it will be valid for 5 years

Can you tell me how she got it? Was there a problem? Did she have to appeal?

Well, there wasn't any problem at all, it took two weeks to get a family permit after applying from her original country.
The only thing is different to your situation, they were already married and applied as married couple.

Hi aukro,

Are you the person who applied, I guess no. Are you referring to the same case? Did the dual national obtain British passport after exercising treaty rights? Did he/she have a Permanent Residence?

Szymon

See also http://www.immigrationboards.com/eea-ro ... 95118.html for more information.

Xenia wrote:Of course she did, she is in the UK now and waiting for a residence card, which is your next thing to apply after family permit but you apply from the UK don't have to leave country, it will be valid for 5 years

Hi

Did she finally get the residence card on dual nationality?

My husband got family permit too as family member of eea national me and i also have British nationality acquired 3 years ago ...

We now are applying for his Residence Card so want to know what the outcome was for your friend

Much appreciated