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Hi all,

I am a dual UK-Polish citizen both by birth and I am married to a NON EU citizen (Russian, we live in Moscow) I would like to know what the best route in your opinion for us both to migrate to the UK.

A few points to note: I have never lived in the UK or the EU. I am open to any suggestions that don't seperate me from my wife (as moving to the UK and being able to meet the financial requirements would keep us apart for some time).

Could Lounes apply to me? I think not but please give your opinion. I feel my case is unique as I have never lived in either EU or UK. I feel Surinder Singh may be our only option?

Matthew1986 wrote: ↑

Tue Nov 20, 2018 3:10 pm

Could Lounes apply to me? I think not but please give your opinion. I feel my case is unique as I have never lived in either EU or UK. I feel Surinder Singh may be our only option?

Niether Lounes nor Surinder Singh will apply in your case.

Lounes applies to those non-UK EEA citizens who exercise treaty rights in the UK, thereby acquiring PR and then get citizenship by naturalisation. The Lounes judgment essentially states that the underlying PR persists even if one subsequently becomes a citizen of the EEA member-state.

Surinder Singh applies only if you have lived with their non-EEA spouse while exercising treaty rights in an EEA member-state of you are not a citizen. If you have never lived in an EEA member-state, SS does not apply.

You can renounce your British citizenship and then move to the UK under EU law, as a purely Polish citizen. Of course, that would mean that any children born to you after the renunciation, even in the UK, will not be British citizens.

OP could move with his wife to an EEA state other than UK and Poland and return after having exercised EU treaty rights.

Thank you both for clearing it up for me, I appreciate the help.

Not an ideal situation but you have given me some interesting options to consider