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by pochaco
Tue May 28, 2019 11:57 am
Forum: EEA-route Applications
Topic: Settled status for dual British-EU to secure spouse's rights
Replies: 1
Views: 153

Settled status for dual British-EU to secure spouse's rights

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...
by pochaco
Wed Jul 04, 2018 10:46 am
Forum: EEA-route Applications
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 60884

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

Lounes coming into force 24 July:

http://www.legislation.gov.uk/uksi/2018/801/made
by pochaco
Tue Nov 14, 2017 12:11 pm
Forum: EEA-route Applications
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 60884

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

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...
by pochaco
Tue Nov 14, 2017 9:53 am
Forum: EEA-route Applications
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 60884

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

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...
by pochaco
Tue Nov 14, 2017 9:38 am
Forum: EEA-route Applications
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 60884

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

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...
by pochaco
Tue Nov 14, 2017 9:34 am
Forum: EEA-route Applications
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 60884

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

https://curia.europa.eu/jcms/upload/doc ... 0121en.pdf

Here is the decision which is favorable to Lounes.
by pochaco
Tue Aug 29, 2017 8:26 am
Forum: EEA-route Applications
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 60884

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

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...
by pochaco
Sat Jul 29, 2017 12:54 pm
Forum: EEA-route Applications
Topic: EU Citizen and care for EU parent after Brexit
Replies: 15
Views: 1213

Re: EU Citizen and care for EU parent after Brexit

According to what you say your mother would fit into the "self-sufficient" category.
by pochaco
Sat Jul 29, 2017 11:47 am
Forum: EEA-route Applications
Topic: EU Citizen and care for EU parent after Brexit
Replies: 15
Views: 1213

Re: EU Citizen and care for EU parent after Brexit

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...
by pochaco
Sat Jul 29, 2017 9:06 am
Forum: EEA-route Applications
Topic: EU Citizen and care for EU parent after Brexit
Replies: 15
Views: 1213

Re: EU Citizen and care for EU parent after Brexit

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...
by pochaco
Fri Jul 07, 2017 2:04 pm
Forum: EEA-route Applications
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 60884

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

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...
by pochaco
Thu Jun 22, 2017 7:10 pm
Forum: EEA-route Applications
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 60884

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

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.
by pochaco
Thu Jun 15, 2017 8:49 am
Forum: EEA-route Applications
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 60884

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

You hit me for six. But you are right Saini is not on Twitter anymore.

I can only hope that this will not interfere with the Lounes case.

@MTGsolicitors also seem to be involved in Lounes:

https://twitter.com/MTGsolicitors/statu ... 2793399296
by pochaco
Tue Jun 13, 2017 4:37 pm
Forum: EEA-route Applications
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 60884

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

I recommend you to follow Parm Saini on Twitter. He is representing Lounes and publishes there any relevant news.
by pochaco
Wed May 31, 2017 9:35 am
Forum: EEA-route Applications
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 60884

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

According to Barrister Parm Saini who is representing Lounes: "Judgment should be given in the coming months, but no specific date is given as yet."
by pochaco
Tue May 30, 2017 12:57 pm
Forum: EEA-route Applications
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 60884

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

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...
by pochaco
Tue May 30, 2017 10:42 am
Forum: EEA-route Applications
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 60884

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

by pochaco
Tue May 30, 2017 10:17 am
Forum: EEA-route Applications
Topic: Do dual EU-UK citizens have rights under EU law?
Replies: 714
Views: 60884

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

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 ...
by pochaco
Tue May 16, 2017 8:34 am
Forum: EEA-route Applications
Topic: Landmark European court case on dual nationals
Replies: 1
Views: 306

Landmark European court case on dual nationals

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...
by pochaco
Thu Feb 02, 2017 7:02 pm
Forum: EEA-route Applications
Topic: McCarthy Transition Rules and New Dual Nationals
Replies: 6
Views: 768

Re: McCarthy Transition Rules and New Dual Nationals

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...
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