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Non-EU partner joining EU/UK dual national; a particular case (treaty rights exercised?)

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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ggc
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Non-EU partner joining EU/UK dual national; a particular case (treaty rights exercised?)

Post by ggc » Mon Apr 11, 2022 12:56 pm

Hi all,

I am a UK/EU dual national.

I was born in 1984 outside the UK in an EU country to a British mother and an EU father (of that country).
I grew up with a passport/ID card of that country; I did not hold a British passport.

After leaving high school, I moved to the UK around 2002, on my EU passport.
I have been living in the UK since.

Sometime after I arrived in the UK (a year or so later), I applied for a British passport on account of my mother being British. I can't recall the exact process, long time ago!

Since then, I have held both UK and my (retained) EU passport.

Fast forward many years and I know wish for my non-UK/EU fiancée to join me in the UK.
I was originally going to go through the costly UK family visa route; however, I was wondering if on the off chance I could achieve her settlement status through the EEA family route?

I believe for me to do so, I must have 'exercised my EU treaty rights' when I moved from the EU to the UK (with my EU passport). However, whilst there was no paperwork, I'm worried that technically I was British at birth and therefore it could be argued I did not utilize my treaty rights (although effectively I got into the UK on my only passport at the time, i.e. my EU one).

Do you think there is any point even considering the EEA route? Or do I fail the "treaty exercise" test?
Plus (in addition, separate matter) could it be that I can go down the EEA route regardless because I met my fiancé only recently and obviously not at the time I originally set foot in the UK?

I have a feeling I will have no choice but to consider the UK family visa route but here's hoping...

Thank you all!

Obie
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Re: Non-EU partner joining EU/UK dual national; a particular case (treaty rights exercised?)

Post by Obie » Mon Apr 11, 2022 3:00 pm

You do not qualify under the EU settlement scheme. Your case is a Surinder Singh case, and your partner ought to have resided with you in another EEA state, for you to qualify.

Lounes does not apply, as you have always been a British citizen since birth.
Smooth seas do not make skilful sailors

kamoe
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Re: Non-EU partner joining EU/UK dual national; a particular case (treaty rights exercised?)

Post by kamoe » Mon Apr 11, 2022 4:20 pm

ggc wrote:
Mon Apr 11, 2022 12:56 pm
I met my fiancé only recently
If this means you met them after December 31st 2020, then on top of what @Obie said, this would have be the nail in the coffin, I'm afraid. The family relationship (as durable partners, which means already having a solid relationship by that date, not the meeting date) needs to have existed prior to that date for your family member to qualify.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

ggc
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Posts: 9
Joined: Sun Jun 02, 2013 7:07 pm

Re: Non-EU partner joining EU/UK dual national; a particular case (treaty rights exercised?)

Post by ggc » Mon Apr 11, 2022 8:10 pm

Thank you both. UK family visa route it is!

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