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Can I get EEA FP as non-EEA national if Brother is Dual EEA and UK citizen?

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

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FerreiraHR
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Joined: Tue Apr 23, 2019 7:59 pm
South Africa

Can I get EEA FP as non-EEA national if Brother is Dual EEA and UK citizen?

Post by FerreiraHR » Sun Apr 19, 2020 3:37 pm

I hope I can get some advice as there seem to be no legislation or guidance that I can find on my particular issue.
My brother is married to a Portuguese citizen for 20 years now and he was South African, but got UK citizenship 15 years ago. I know that you used to be able to apply for an EEA FP as a non-EEA national if your family member's spouse is an EEA national, but they removed that option a few years ago. Lawyers knew of this but advised me wrong as I could've got an EEA FP back then. Now I no longer can.

Due to Brexit, my brother is applying for Portuguese citizenship. Now, if he is a duel national, does that qualify me to apply undur his EEA nationality? There doesn't seem to be legislation to clarify this.

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alterhase58
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Joined: Thu Aug 25, 2016 11:02 pm
Location: UK Bucks
Germany

Re: Can I get EEA FP as non-EEA national if Brother is Dual EEA and UK citizen?

Post by alterhase58 » Sun Apr 19, 2020 4:28 pm

I understand the principle now is that dual nationals, i.e. British + another/EU nationality, are treated as British for immigration purposes. That means they cannot sponsor under EU regulations, only under UK immigration rules, with its strict requirements, minimum earnings, etc.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

FerreiraHR
Newly Registered
Posts: 2
Joined: Tue Apr 23, 2019 7:59 pm
South Africa

Re: Can I get EEA FP as non-EEA national if Brother is Dual EEA and UK citizen?

Post by FerreiraHR » Mon Apr 20, 2020 6:39 am

Ok thank you.

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