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I will keep this as simple as possible.

I am a British Citizen who has always lived/worked in the UK. I recently obtained EU citizenship from descent. I am now a dual-citizen British/EU Citizen.

I will soon be married to my non-EEA spouse. Can I rely on EU law free movement rights for a family permit or would I need to live/work in another EU country before I can exercise my rights?

Not taking into account any new rules from Brexit - just the current laws.

Thanks

L

Hello

You are referring to Surinder Singh that requires you live together in another EEA country.

However, there is Lounes that would work well for you.

Contact them here:
https://eu-settled-status-enquiries.ser ... v.uk/start

Ask for Lounes paper form (don't use the app). They will ask you for the name, dob of the applicant. Then, they will send a document by post. Use it to apply for the scheme under Lounes.

unitedkingdomalb wrote: ↑

Tue Feb 11, 2020 2:02 pm

Can I rely on EU law free movement rights for a family permit

No.

Zerubbabel wrote: ↑

Tue Feb 11, 2020 4:08 pm

However, there is Lounes that would work well for you.

Lounes does not apply in this case.

Lounes is premised on the basis that a non-British EU citizen acquired PR in the UK before acquiring British citizenship. As there is no provision in Directive 2004/38/EC for PR to be extinguished by the subsequent acquisition of citizenship, the dual EU-British citizen still has PR and can therefore still apply under Directive 2004/38/EC.

The OP has been a British citizen his whole life and has therefore never acquired PR in the UK. Therefore Lounes does not apply.

Simply put, Lounes does not apply to dual EU-British citizens who acquired dual citizenship via a process other than acquiring PR and subsequent naturalisation in the UK.

unitedkingdomalb wrote: ↑

Tue Feb 11, 2020 2:02 pm

would I need to live/work in another EU country before I can exercise my rights?

Yes, you can do this. But keep in mind that the UK is quite stringent in applying a "center of life" test to applicants. You will need to have exercised treaty rights in another EEA country (of which you are not a citizen; by definition, you can't exercise treaty rights in a country of which you are a citizen) for at least three months, though the Home Office will expect a longer period of exercising treaty rights, ranging from six months to a year, by which time, you are looking at the end of the transition period.

I see from your earlier posts that your husband entered the UK illegally and is currently an overstayer. Keep in mind that EU law does allow for exemptions from freedom of movement on public policy grounds based on the past behaviour of the individual. And in any case your husband will not be able to apply for British citizenship for at least 10 years after he stops being an illegal overstayer.

Lounes does not apply in this case.

I agree. If you are born British, it doesn't apply. You have to come the other way around.

secretsimon - Re-entry bans do not apply to applications made under: Appendix FM (Immigration Rule A320)

I thought so. Thanks all.