It's rather the spirit than the exact wording that makes me concerned. But see this, for instance: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/904395/Guide-AN_-_July_20.pdf You must also provide evidence that you were in the UK lawfully during your...
I am a dual British-EU citizen (naturalized British). I came to the UK as a worker but later become incapacitated due to health problems. I obtained Permanent Residence under EU rules, then applied for British citizenship. I claim different disability benefits and don't work. My non-EEA wife joined ...
I am a dual EU-British citizen (naturalized British after exercisising treaty rights). My non-EEA wife has been in the UK for 5 years with an EEA Family Member residence card. Now she is going to apply for settled status. If I understand it well, given that she is also the spouse of a British citize...
I am a British-EU dual national with a non-EEA wife who currently has an EEA family member card. My spouse is protected by the European Courrt's decision in the Lounes case. However, I don't know if I, as a British citizen, can or should aply for settled status so that my wife can also apply. I unde...
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/2017/nov/14/eu-citizens-become-british-non-eu-spouses-live-with-them-court “The court has held that the UK has been wrong to refuse to recognise free mov...
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 derivativ...
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 fami...
The European Court of Justice, like the UK Parliament, is taking a summer recess. For the period from 1 November 2016 to 31 October 2017, the dates of the judicial vacations within the meaning of Article 24(2) and (6) of the Rules of Procedure are as follows: ... Summer 2017: from Friday 21 July 20...
Do you happen to know when the Lounes case will be decided? I thought it was supposed to be on 30th of May? Expected towards the end of the year. The Advocate-General gave his legal advice on 30th May. That legal advice is generally, but not always, followed by the Court. Towards the end of the yea...
It means that currently any EU citizen can come to the UK for 3 months regardless of being a qualified person (working, self-sufficient, student, self-employed) or not, but if they want to stay longer than 3 months they should become a qualified person. In practice, this requirement is not really en...
Ok sorry for not explaining properly so in 15 September 2012 I send my application and my wife she is born british and had her irish passport in 2011 And on March 2013 I had my EEA FAMILY MEMBERS R resident And on 12/2/2017 I was coming from from back home my wife give her british passport they sai...
The EEA citizen's application for British citizenship will not be refused. However, according to the current legislation at the very moment of pledging allegiance to Her Majesty the new British citizen's spouse will lose his/her status as a family member of an EEA citizen.
It does find grounds for family reunion in the Treaties and therefore confers derivative right of residence on such family members. Crucially, permanent residence is a concept under the Directive, while derivative rights of residence, such as Chen and Zambrano, do not carry a right of permanent res...
https://www.ft.com/content/a50ef5d0-0fe3-36ed-b31f-6e5af5bb7f81 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 ...
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 su...
So basically, we have nothing to lose. If my wife cannot acquire PR anyway due to Brexit then I will go ahead with naturalization as I already have all the paperwork ready. Wife may have some basis to remain in UK if you have children. May be worth digging into. With her PR clock only starting in 20...
Thanks for your clarification. We wouldn' mind leaving the UK after my naturalization, however as we cannot know when exactly my application is decided, it is difficult to make arrangements and it's very likely that my wife would be still in the UK when my citizenship certificate is issued. Given th...
