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EEA Family permit as a dual naturalised British citizen
Posted: Fri Apr 02, 2021 6:21 am
by danielssfi
Hi everybody,
I am a dual citizen of the UK and Latvia (EU). I came to the UK as a child, got residence documentation (blue booklet). After that I became British citizen and kept Latvian.
I am trying to find a way to bring my partner of 3 years to the UK. Partner is non-EEA citizen.
For the past 2 years we lived together abroad because of COVID restrictions.
We are planning to live together in the UK.
From my research we are eligible to apply for partners EU Settlement Scheme family permit becasue following applies:
someone who lived in the UK as an EU, EEA or Swiss citizen before also getting British citizenship.
Also
Evidence if you’re joining a person with dual citizenship
You’ll need to provide evidence that shows:
your family member is a British citizen - for example a copy of their passport
they’d meet the other eligibility criteria for the EU Settlement Scheme if they made an application before 1 July 2021, even though they cannot apply
Am I correct in my assumptions that we can apply for this scheme?
Re: EEA Family permit as a dual naturalised British citizen
Posted: Sat Apr 03, 2021 1:44 pm
by secret.simon
Contact the EU SS Contact centre to ask for a Lounes application form for a family member of a dual British-EU citizen.
Re: EEA Family permit as a dual naturalised British citizen
Posted: Sat Apr 03, 2021 2:59 pm
by danielssfi
To be clear, my partner is 'not spuse', we were thinming of 'durable partner route. Does this still apply?
I was reffering to this section/category under which we seem to fall
If you’re joining an EU, EEA or Swiss citizen who lived in the UK before getting British citizenship
To be eligible the person you’re joining must:
be an EU, EEA or Swiss citizen
have become a naturalised British citizen after working, studying or being self-sufficient in the UK
This seems to be online application which is more convenient. I don't understand the difference between Lounes vs EUSS FP apart from application process. Are we not eligible for both schemes?
Re: EEA Family permit as a dual naturalised British citizen
Posted: Sat Apr 03, 2021 3:11 pm
by danielssfi
Saw this.
Who cannot use this service
You cannot use the online service to apply to the scheme if you’re applying as:
the family member of a British citizen you lived with in Switzerland or an EU or EEA country
the family member of a British citizen who also has EU, EEA or Swiss citizenship and who lived in the UK as an EU, EEA or Swiss citizen before getting British citizenship
the primary carer of a British, EU, EEA or Swiss citizen
the child of an EU, EEA or Swiss citizen who used to live and work in the UK, and you’re in education - or you’re the child’s primary carer
Contact the EU Settlement Resolution Centre online to find out how to apply.
Still, why Lounes over EUSS FP?
Re: EEA Family permit as a dual naturalised British citizen
Posted: Sat Apr 03, 2021 3:38 pm
by secret.simon
danielssfi wrote: ↑Sat Apr 03, 2021 3:11 pm
why Lounes over EUSS FP?
It's not Lounes vs EUSS FP. You will be making a Lounes application for an EUSS FP.
The Lounes Judgment of the ECJ defined the rights of a dual British-EU citizen to sponsor family members under EU law. That has been preserved under the Withdrawal Agreement.
Essentially, the EUSS is the broader category, within which there are subcategories, such as Lounes, Surinder Singh, etc. All of them will result in the grant of an EUSS FP or equivalent status, but it is possible that the processing of such applications within the Home Office is routed/treated differently to those of purely EU citizens and hence the requirement for separate applications forms (separate application forms are also required for Surinder Singh applicants; family members of British citizens who have exercised treaty rights in the rest of the EU before 31st January 2020).
If successful, you will be issued an EUSS FP.
Re: EEA Family permit as a dual naturalised British citizen
Posted: Sat Apr 03, 2021 3:43 pm
by danielssfi
Thank you. Emailed EUSS support.
Re: EEA Family permit as a dual naturalised British citizen
Posted: Wed Apr 07, 2021 6:44 pm
by danielssfi
secret.simon wrote: ↑Sat Apr 03, 2021 3:38 pm
danielssfi wrote: ↑Sat Apr 03, 2021 3:11 pm
why Lounes over EUSS FP?
It's not Lounes vs EUSS FP. You will be making a Lounes application for an EUSS FP.
The Lounes Judgment of the ECJ defined the rights of a dual British-EU citizen to sponsor family members under EU law. That has been preserved under the Withdrawal Agreement.
Essentially, the EUSS is the broader category, within which there are subcategories, such as Lounes, Surinder Singh, etc. All of them will result in the grant of an EUSS FP or equivalent status, but it is possible that the processing of such applications within the Home Office is routed/treated differently to those of purely EU citizens and hence the requirement for separate applications forms (separate application forms are also required for Surinder Singh applicants; family members of British citizens who have exercised treaty rights in the rest of the EU before 31st January 2020).
If successful, you will be issued an EUSS FP.
We were direceted to the online process of EUSS FP. After we receive that, we will need to apply trough paper application via Lounes route in the UK.
I will keep this thread updated with meaningful updates.