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EEA FP and Dual Nationality

Posted: Mon Aug 25, 2014 11:46 am
by poureka
Hi,

My husband are I are living in Cyprus and will be applying for his EEA FP this week. I would really appreciate some help with the following questions:

1. I am a dual national (British and Cypriot) and have both passports. Can my husband apply for his EEA FP using my Cypriot passport details?

2. Once in the UK do we still only have 3 months of right to stay even though am a British citizen and he applied with my Cypriot details?

3. When he applies for his 5 yr residency card does he include my British details or Cypriot details?

Thank you

Re: EEA FP and Dual Nationality

Posted: Mon Aug 25, 2014 1:51 pm
by dalebutt
No your husband is not eligible for an FP, you will have to have exercised your treaty rights in EU country other than Cyprus for him to become eligible.

Re: EEA FP and Dual Nationality

Posted: Mon Aug 25, 2014 3:28 pm
by poureka
Why is my husband not eligible to apply in Cyprus for his EEA FP? We both live in Cyprus. Why can he not use my Cyprus details? Does he use my British passport details?

Re: EEA FP and Dual Nationality

Posted: Mon Aug 25, 2014 4:05 pm
by dalebutt
https://www.gov.uk/government/publicati ... ily-permit

Scroll to paragraph 16, the rules have changed in light of McCarthy.

Re: EEA FP and Dual Nationality

Posted: Mon Aug 25, 2014 4:22 pm
by poureka
Thanks for the link. In that case we will use the surinder route and he will use my British details. I thought the McCarthy case was for dual British/Irish.
Surinder route it is......

Re: EEA FP and Dual Nationality

Posted: Mon Aug 25, 2014 5:21 pm
by dalebutt
McCarthy Arrest concerns a dual British/Irish citizen, but the wider implication means dual british and any other EEA state citizen.