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EEA FP and Dual Nationality

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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poureka

EEA FP and Dual Nationality

Post by poureka » Mon Aug 25, 2014 11:46 am

Hi,

My husband are I are living in Cyprus and will be applying for his EEA FP this week. I would really appreciate some help with the following questions:

1. I am a dual national (British and Cypriot) and have both passports. Can my husband apply for his EEA FP using my Cypriot passport details?

2. Once in the UK do we still only have 3 months of right to stay even though am a British citizen and he applied with my Cypriot details?

3. When he applies for his 5 yr residency card does he include my British details or Cypriot details?

Thank you

dalebutt
Senior Member
Posts: 868
Joined: Wed Jul 20, 2011 9:48 pm

Re: EEA FP and Dual Nationality

Post by dalebutt » Mon Aug 25, 2014 1:51 pm

No your husband is not eligible for an FP, you will have to have exercised your treaty rights in EU country other than Cyprus for him to become eligible.

poureka

Re: EEA FP and Dual Nationality

Post by poureka » Mon Aug 25, 2014 3:28 pm

Why is my husband not eligible to apply in Cyprus for his EEA FP? We both live in Cyprus. Why can he not use my Cyprus details? Does he use my British passport details?

dalebutt
Senior Member
Posts: 868
Joined: Wed Jul 20, 2011 9:48 pm

Re: EEA FP and Dual Nationality

Post by dalebutt » Mon Aug 25, 2014 4:05 pm

https://www.gov.uk/government/publicati ... ily-permit

Scroll to paragraph 16, the rules have changed in light of McCarthy.

poureka

Re: EEA FP and Dual Nationality

Post by poureka » Mon Aug 25, 2014 4:22 pm

Thanks for the link. In that case we will use the surinder route and he will use my British details. I thought the McCarthy case was for dual British/Irish.
Surinder route it is......

dalebutt
Senior Member
Posts: 868
Joined: Wed Jul 20, 2011 9:48 pm

Re: EEA FP and Dual Nationality

Post by dalebutt » Mon Aug 25, 2014 5:21 pm

McCarthy Arrest concerns a dual British/Irish citizen, but the wider implication means dual british and any other EEA state citizen.

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