Non-EU partner joining EU/UK dual national; a particular case (treaty rights exercised?)
Posted: Mon Apr 11, 2022 1:56 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!
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!