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How to get EEA permit for my non-EEA parents

Posted: Tue Jun 03, 2014 7:43 pm
by xnox
I'm Latvia citizen (EEA) who lived in the UK for 7+ years and gained EEA permament residence and subsequently naturalised as British Citizen. I still hold my Latvian passport and my EEA permament residence issues by UKBA. I believe i'm still excercising treaty rights.

My parents were born in Latvia but hold Latvian NON-EEA passports (alien passports).

Can I make EEA2 application for my parents, before they travel to the UK?

Can I make an EU application for my parents in Latvia, for them to gain Latvian family permit?

Would a Latvian family permit allow them to travel across Schengen, EEA, Switzerland, UK?

Re: How to get EEA permit for my non-EEA parents

Posted: Tue Jun 03, 2014 9:05 pm
by CR001
subsequently naturalised as British Citizen
This will be your problem. As you are now British, you are no longer 'exercising treaty rights' as an EU national in the UK.

Re: How to get EEA permit for my non-EEA parents

Posted: Tue Jun 03, 2014 11:10 pm
by Amber
You may have to renounce your British citizenship if you wish to rely on EEA rules.

Re: How to get EEA permit for my non-EEA parents

Posted: Wed Jun 04, 2014 5:55 am
by rosebead
It's unfair, the UK is not applying McCarthy case law (Case C-434/09) correctly. McCarthy case law is an EU ruling on EEA nationals with dual nationality. You have not always resided in the UK, you did exercise Treaty rights, and there was 'movement' - those are your legal arguments. I suppose it depends on whether you would be prepared to fight the possible Home Office refusal of your application - it's £80 for a paper appeal and £140 for an oral appeal. You've got good legal arguments in McCarthy with which to fight your case.