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PR status after dual citizenship

Posted: Mon Aug 29, 2016 11:48 am
by captcha
Hello,

I'd like to understand what my options are for applying for a DCPR.

Me (non-EU) and my wife (Italian) entered the UK in July 2011. I started working immediately (I had a Tier 2 visa), and she's been full time self-employed since. She officially registered as a self employed person in August 2011. I then applied for EEA2 and received a RC in May 2013 (she didn't apply for EEA1 at the time). In April 2015 I became an Italian citizen, and I now hold both an Italian and a non-EU passport.

I believe my wife has now acquired PR status, and I was under the impression that I could just apply alongsied her using my non-EU passport. But looking at the regulations, 15(1)(b) says
a family member of an EEA national who is not himself an EEA national but who has resided in the United Kingdom with the EEA national in accordance with these Regulations for a continuous period of five years;
Does this mean that my PR clock has restarted after becoming Italian, and that I won't be able to apply until April 2020?

Any advice will be appreciated!

Re: PR status after dual citizenship

Posted: Mon Aug 29, 2016 11:57 am
by noajthan
On a mobile so can't read the Directive.

Union citizens can be dependents too. And you are still non-EEA.

Re: PR status after dual citizenship

Posted: Mon Aug 29, 2016 4:30 pm
by Richard W
captcha wrote:Does this mean that my PR clock has restarted after becoming Italian, and that I won't be able to apply until April 2020?
No!
Paragraph [url=http://www.eearegulations.co.uk/Latest/ByPage/part2_15#regulation-15-1-a]15(1)(a)[/url] wrote:an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years
  • You have resided in accordance with the regulations for a continuous period of five years.
  • You are an EEA national.
Accordingly, you have achieved PR.

Form EEA(PR) also makes it clear that one can have a mix of statuses during the 5 years.

Re: PR status after dual citizenship

Posted: Wed Aug 31, 2016 11:19 am
by captcha
Thanks to both for the replies.

That's great news, I hadn't realised I would be able to count the time spent as non-EU towards an application as an EU citizen. I'll send an application using both passports then.