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Not sure what exactly you mean by this? There is no prioritisation for British citizenship applications.At that time we knew that British citizenship was prioritised when you a dual citizen,
Hi, thank you for the reply.CR001 wrote: ↑Wed Jul 03, 2019 7:56 pmYou don't have ILR (indefinite leave to remain) if your visa is valid for 2.5 years. You have limited leave to remain (LLR).
Was he British already when you got married??
Not sure what exactly you mean by this? There is no prioritisation for British citizenship applications.At that time we knew that British citizenship was prioritised when you a dual citizen,
I believe what the OP is trying to express is that, in the case of dual nationals, British nationality takes precedence over the other nationality when it comes to residence applications for family members (before Lounes was decided). I believe they are not referring to applications for British citizenship.
Is it a requirement that the relationship to the EEA sponsor already existed at the time the sponsor acquired British citizenship? My understanding is that the requirement is only that the EEA sponsor keep exercising treaty rights. Re-reading the caseworker guidelines OP linked seems to confirm this. I think OP's plan might work, but I may have missed something?
My initial thoughts exactly. The key point was that Ms Ormazabal had excercised treaty rights before becoming a British citizen, and continued to do so when she married Mr Lounes, even though, by then, she had already acquired British citizenship.
Ah, interesting point - but I cannot imagine it would make a difference in practice. Caseworker guidelines also seem to suggest nothing like this.kamoe wrote: ↑Thu Jul 04, 2019 9:42 amBut, there is one difference: Mr Lounes was unlawfully present in the UK, and could not benefit from the routes available from British immigration. In the OPs case, they are lawfully present, so their right to a family life will not be curtailed if the EEA route is not available to them, which was the case for Lounes. Not sure what the impact of that is.
I agree.sfljiaf wrote: ↑Thu Jul 04, 2019 10:23 amhamtoring, I think you're right, you should be able to apply for an EEA residence card, or pre-settled status. Just make sure to explicitly state on the application form that your EEA sponsor continues to exercise treaty rights; If they got PR in 2017 and citizenship in 2018, they couldn't have been out of the country for long enough to loose PR
Not a single mention of the timing at which the applicant became the family member of the dual citizen, nor any restrictions regarding what type of visa or permit the applicant currently has; and according to the caseworker guideline a residence card must be issued if the spelled out conditions are met.If you're not an EU, EEA or Swiss citizen
You may be able to apply if:
you’re a family member of an EU, EEA or Swiss citizen
you’re the family member of a British citizen and you lived outside the UK in an EEA country together
you’re 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
you used to have an EU, EEA or Swiss family member living in the UK
you’re the primary carer of a British, EU, EEA or Swiss citizen
you’re the child of an EU, EEA or Swiss citizen who used to live and work in the UK, or the child’s primary carer
This was the point I have been worried about.kamoe wrote: ↑Thu Jul 04, 2019 9:42 amBut, there is one difference: Mr Lounes was unlawfully present in the UK, and could not benefit from the routes available from British immigration. In the OPs case, they are lawfully present, so their right to a family life will not be curtailed if the EEA route is not available to them, which was the case for Lounes. Not sure what the impact of that is.
See below in boldit91 wrote: ↑Wed Jul 10, 2019 3:37 pmI have a similar question.
I’m a non-EEA national who is married to a Spanish/British dual citizen. We got married after he is naturalised and he kept exercising his treaty rights after naturalisation.
I was told to apply to Lounes case (request paper application form). Is it correct thing to do?