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Uk/Eu dual national and Withdrawal Agreement

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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expat1
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Uk/Eu dual national and Withdrawal Agreement

Post by expat1 » Sun Dec 27, 2020 9:36 am

Because the Settled Status scheme is not available to dual nationals ( logically as UK nationals are not subject to Immigration control), but the Withdrawal agreement covers dual nationals who have exercised freedom of movement rights, what provisions are being put in place to prove this status for dual nationals?
For example for travelling using an EU National ID card from next October in the same way as the people with Settled or Pre-settled status.

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alterhase58
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Re: Uk/Eu dual national and Withdrawal Agreement

Post by alterhase58 » Sun Dec 27, 2020 9:49 am

Your proof of status is your naturalisation certificate and your EU passport. When you apply for the new EHIC you provide these as evidence, for example. In terms of travel you can of course use either UK or EU passport/ID card, as appropriate. Clearly at the UK border it's easier if you use a British passport.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

expat1
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Re: Uk/Eu dual national and Withdrawal Agreement

Post by expat1 » Sun Dec 27, 2020 12:36 pm

Thank you for the answer.
I’m not naturalised in either citizenship so I don’t have that certificate.
Also, as I don’t travel to extra-eu countries I’d prefer to avoid the costly and lengthy procedure to apply for a British passport from abroad, but instead use a National ID card as provided in the Withdrawal Agreement (and get the new electronic ID card with chip when it’s up for renewal, that will be compulsory to enter the UK in five years time).
But while participants of the Settled Scheme may have their digital logins to show at Border control, there hasn’t been a guideline yet for dual nationals.

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alterhase58
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Re: Uk/Eu dual national and Withdrawal Agreement

Post by alterhase58 » Sun Dec 27, 2020 1:00 pm

Assume you had naturalised.
So not sure what to advise in the absence of specific guidance. Though a British passport is not that expensive (under £100).
You say that "new electronic ID card ... will be compulsory to enter the UK in five years time". Looking at the gov.uk website https://www.gov.uk/guidance/visiting-th ... nuary-2021 it suggests there's an end date for ID card use to enter the UK - no mention of new ID cards being allowed after that (unless it's specified in the Withdrawal Agreement):

"You will not be able to use an EU, EEA or Swiss national ID card to enter the UK from 1 October 2021 unless you:
have settled or pre-settled status under the EU Settlement Scheme
have an EU Settlement Scheme family permit
have a frontier worker permit
are an S2 Healthcare Visitor
are a Swiss Service Provider
In these cases, you can continue to use your national ID card to enter the UK until at least 31 December 2025."
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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Re: Uk/Eu dual national and Withdrawal Agreement

Post by Obie » Sun Dec 27, 2020 9:50 pm

If you are a British citizen you should not apply under the settlement scheme. You will not even qualify unless you conceal your British nationality entitlement.

Unless you are a natutalised British citizen you do not qualify under the withdrawal agreement, but will still have right to move to other EU countries, but your non EEA family members cannot settle in the UK.
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expat1
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Re: Uk/Eu dual national and Withdrawal Agreement

Post by expat1 » Mon Dec 28, 2020 5:56 pm

But with a UK passport how do I make sure it doesn’t get stamped when travelling to the EU country of which I’m also a National?
I think that the hurry of the current Government to end the transition period is leaving many questions unanswered.

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Re: Uk/Eu dual national and Withdrawal Agreement

Post by secret.simon » Mon Dec 28, 2020 6:48 pm

Presumably you are a dual national by descent of the UK and another EEA member-state. Is that correct?

Do you have a UK passport and an EEA member-state passport? If so, present your EEA member-state passport when entering the EU and the UK passport when entering the UK.

If you don't have a UK passport, apply for one or apply for a CoE-RoA in your non-British passport (keep in mind that it costs four times as much as a British passport and is limited to the lifetime of your non-British passport).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Obie
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Re: Uk/Eu dual national and Withdrawal Agreement

Post by Obie » Mon Dec 28, 2020 6:51 pm

expat1 wrote:
Mon Dec 28, 2020 5:56 pm
But with a UK passport how do I make sure it doesn’t get stamped when travelling to the EU country of which I’m also a National?
I think that the hurry of the current Government to end the transition period is leaving many questions unanswered.
You simply present the passport for the country of which you are a national, that is the only circumstances in which the British passport will not be stamped.
Smooth seas do not make skilful sailors

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Re: Uk/Eu dual national and Withdrawal Agreement

Post by expat1 » Mon Dec 28, 2020 9:01 pm

So, with a combination of using an eu National ID card and a Uk passport, which one would I present at the UK airport and at the EU airport?

expat1
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Re: Uk/Eu dual national and Withdrawal Agreement

Post by expat1 » Mon Dec 28, 2020 9:01 pm

So, with a combination of using an eu National ID card and a Uk passport, which one would I present at the UK airport and at the EU airport?

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Re: Uk/Eu dual national and Withdrawal Agreement

Post by secret.simon » Mon Dec 28, 2020 9:03 pm

expat1 wrote:
Mon Dec 28, 2020 9:01 pm
So, with a combination of using an eu National ID card and a Uk passport, which one would I present at the UK airport and at the EU airport?
secret.simon wrote:
Mon Dec 28, 2020 6:48 pm
Do you have a UK passport and an EEA member-state passport? If so, present your EEA member-state passport when entering the EU and the UK passport when entering the UK.
Substitute "EU national identity card" for "EEA member-state passport" above.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Obie
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Re: Uk/Eu dual national and Withdrawal Agreement

Post by Obie » Mon Dec 28, 2020 9:38 pm

secret.simon wrote:
Mon Dec 28, 2020 9:03 pm
expat1 wrote:
Mon Dec 28, 2020 9:01 pm
So, with a combination of using an eu National ID card and a Uk passport, which one would I present at the UK airport and at the EU airport?
secret.simon wrote:
Mon Dec 28, 2020 6:48 pm
Do you have a UK passport and an EEA member-state passport? If so, present your EEA member-state passport when entering the EU and the UK passport when entering the UK.
Substitute "EU national identity card" for "EEA member-state passport" above.
I was thinking exactly along those lines.
Smooth seas do not make skilful sailors

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