Do dual EU-UK citizens have rights under EU law?

[chaoscontrol]

today my lady received a letter saying : your PR card is on the way (10 days) and all the documents back !

took 2.5 months . Written down a cover letter , mentioning Lounes` case and unamended regulations and lots of printouts (newspapers etc) + Lounes ECJ decision printout.

No TA for us as she received her RC in december 2012 .

Good luck everyone !

[eubritish]

Congratulations!

[silverman123]

@chaoscontrol congratulations.

[salu]

Congratulations chaoscontrol!!!
That is fantastic news for your family, and very encouraging for everyone here.
I have been waiting for more than 4 months now and haven't heard anything yet. When requesting the passport back, it does say that it may delay the application process, but it had been already 4 months since application when I requested it. I made sure I did not withdraw the application ( and I'm pretty sure I didn't , otherwise they would have sent all the documentation back and not only my current passport).
In any case this is fantastic news, and you have made my day! Thanks for sharing.
praying for more good news soon!

[silverman123]

@chaoscontrol
Do you mind if i ask when did you apply for the first family permit for you wife?
I know she received it in December 2012.
And she received her residence card on April 2013
Many thanks in advance .

[Unluckyeea2]

@ Chaoscontrol congratulations and thank you for updating good news . Please update us in future too .
@ Salu we hope will soon good news for you too as yours is before than Chaoscontol .
Thanks to everyone for updates , please keep updating .

[kam999]

Chaoscontrol congrats man!

So far 4 non eea acquired PRC from this small group. God knows how many are out there who achieved it and we are not even aware of it.

I must add that every case is different and caseworkers are following a set of rules usually i think is called 4 stages check. So while we are killing ourselves over Lounes implementation, HO might be laughing at us and looking at other documents (to find a mistake) which we have provided to strengthen our case. In short some decisions are taken in a month as I saw someone's post in PRC processing time while other are taken up to 6 months by HO. Nevertheless, a good news Chaos shared and I am becoming more n more optimistic.

[silverman123]

@kam999
I pretty sure it's up to the case workers now.
Some can approve our cases with understanding that the law in our favour and some put our cases on hold until they amend the regulations.
It doesn't matter when they implement lounes. Tomorrow after or few months from now. Home office will release a policy to their case workers to handle our cases in right way.

[kam999]

Hi guys,

Have a look at the below EU Settlement Scheme link:

https://assets.publishing.service.gov.u ... e_2018.pdf

Our famous case is mentioned on page 53, I just glossed over it, share your thoughts please.

[kam999]

guys look at, EU Settlement Scheme: statement of intent

page 24.

shall i say congratulations to all of us or is it too early?

[lappotto]

All, amazing news (in my opinion).

The HO has published this long faff about settled status https://assets.publishing.service.gov.u ... e_2018.pdf. Hidden at page 24, footnote 16, the HO has, to my knowledge, confirmed that an EU citizen includes someone with a dual EU-UK nationality.

Not a change to the EEA regulations, but still a positive sign for whoever, like me, would like to apply for British Nationality but has a non-EEA spouse.

[Richard W]

Our famous case is mentioned on page 53, I just glossed over it, share your thoughts please.

It confirms that the Lounes case will be incorporated in the EEA Regulations, though it is clear from reports here that the judgement has been included in the detailed instructions that case workers (possibly experts amongst them) use.

What is more striking is that the definition of 'EU citizen' does not exclude British citizens. Thus, not only does the 'settled status' scheme accept Lounes, as the exit treaty will require, it also includes the cases that currently depend on the McCarthy transitional arrangement; all dual nationals can claim the rights of EU citizens, regardless of how they became British. The draft exit treaty does not require that rights under the McCarthy transitional arrangement be retained. If this inclusive definition of EU citizen remains, then the category of 'relevant naturalised British citizen' is unnecessary.

[silverman123]

@kam999
Thanks a lot for being the first one to find out the news.
And many thanks to everyone who is supporting us in this forum.
We are almost there guys. Finger cross everything goes fine.

@Richard w thanks for your explanation.

[kam999]

Hi Silverman,
Thanks mate, u did a lot by being positive throughout this journey. And i know how imp it is for everyone on this thread to know that they n their fm are secure having dual nationality. I am 99.9% certain now that we will acquire PRC, if not settled status is easy and quick so i am not even gonna reapply or appeal if only if refused. In fact home Secretary said something very similar that i said a while ago that they won't do any mistake again like Windrush. Well, keep posted until we all have what made us gather here.

[kam999]

Our famous case is mentioned on page 53, I just glossed over it, share your thoughts please.

It confirms that the Lounes case will be incorporated in the EEA Regulations, though it is clear from reports here that the judgement has been included in the detailed instructions that case workers (possibly experts amongst them) use.

What is more striking is that the definition of 'EU citizen' does not exclude British citizens. Thus, not only does the 'settled status' scheme accept Lounes, as the exit treaty will require, it also includes the cases that currently depend on the McCarthy transitional arrangement; all dual nationals can claim the rights of EU citizens, regardless of how they became British. The draft exit treaty does not require that rights under the McCarthy transitional arrangement be retained. If this inclusive definition of EU citizen remains, then the category of 'relevant naturalised British citizen' is unnecessary.

Thanks for sharing your thoughts Richard.

[silverman123]

Hi @kam999
Can you tell me what settle status means?
Is that like permanent residence.
I read about it a bit but from what i understood its for non eu and eu citizen who don't have permanent residence by 31 December 2020.
But for us we still part of eu until March 2019.
So we qualified for permanent residence for the time being.
People after that specially after brexit date will apply for deferent settlement in uk.
Many thanks in advance

[kam999]

Hi @kam999
Can you tell me what settle status means?
Is that like permanent residence.
I read about it a bit but from what i understood its for non eu and eu citizen who don't have permanent residence by 31 December 2020.
But for us we still part of eu until March 2019.
So we qualified for permanent residence for the time being.
People after that specially after brexit date will apply for deferent settlement in uk.
Many thanks in advance

Well in my humble opinion amd info I accumulated:

The deadline for applications to the scheme will be 30 June 2021, so once the app goes online which probably will be in couple of months time, anybody who didn't completed 5 years can switch residence card to pre-settled status for £65 (and later can apply for full settled status free of charge) or those who acquired permanent residence card already can replace it with settled status for free.

Settled status merely means infidelity leave to remain, its equivalent to permanent residence card but ILR is usually obtained under immigration rules.

[silverman123]

@kam999
Many thanks i got your point and yes you are right settle status means we can stay in uk permanently.

However i read about it more this morning and I found this example on home office Web site



Christophe’ arrived before the UK’s exit but won’t have been resident in the UK for 5 years when we leave the EU

Christophe is a French teacher who will have been resident in the UK for 4 years at the point the UK leaves the EU on 29 March 2018.

After the UK leaves, Christophe will be able to continue to live and work in the UK until 30 June 2021 without having to make an application. As soon as Christophe has been resident for 5 years, in 2020, he can make an application and, subject to criminality and security checks, he will be eligible for ‘settled status’ which will allow him to remain in the UK permanently.

But you and me and almost everyone one in this forum slightly different as we completed our 5 years and our applications at the home office already so it's more likely to be permanent residence.
However if we end up with permanent residence or settle status
We want to get up from this nightmare as soon as possible
Many thanks @kam999

[kam999]

You welcome mate, i m glad that we helped one another and shared good news.

[reynaldogr]

congrast chaoscontrol! Excellent news! renmeber that you bring me to this forum back in Jan so im glad all ended well for you and your mrs in the end!
Good luck for the rest! I'm sure we will soon have this nightmare coming to a close!
Br

[eubritish]

It looks like it depends on which case worker does your application go to - as usual.

I have been chasing them for an update on my sister's case and this morning I have received the below response.

We are currently considering our response to the Lounes judgment and envisage amending the Immigration (European Economic Area) Regulations 2016 to implement the judgment as soon as practicable, which we expect will be some time this year. In the interim, no decision will be taken on cases in which the sponsor has declared dual citizenship until we have agreed the way forward and such cases have been put on hold to ensure that we are in compliance with a binding judgment from the CJEU.

Check how they change the wording from 'beginning of this year' to 'middle of this year' to now 'sometime this year'.

They might as well make us wait till December and then just announce they are not going to bother with updating EEA regulations because they are going to be out of the EU within weeks.

The transition agreement may or may not happen, the EU might just throw them out given how pathetic they are with negotiations.

[silverman123]

@eubritish
I know it's really bother but don't listen much to them.
They only copy and paste the information they have with little update.
We all applied this year while Uk still part in eu.
I don't care if they implement lounes today or in few months.
However they can't go on against the decision of the European Court of justice.
It's all now upto the case workers.
Some they might understand that the law in our side and some might wait lounes to be implemented in uk law first.
The Transitional agreement of macarthy must be changed otherwise what the point of giving someone residence card and later on face the same problem like us once again.
It's doesn't make sense.
As we are all aware of eu scheme settlement.
They have mentioned lounes in the scheme.
It's good point for those who will be in the same situation like us after brexit.
I know it's really annoying for us we are all here in the same boat.
But all what we can do is just to wait.
They must implement lounes before the brexit.
Once again the Transitional agreement of macarthy was built on wrong decisions.
Please guys could you share your opinions?

[kam999]

Hi Guys,

Any weak points in your applications other than the sponsor acquired dual nationality could delay/refuse your application, HO turn downs your application bluntly because of Dual nationality is not happening anymore and I am certain specially when they released that settled status scheme. Our fundamental case i.e. Lounes is clearly mentioned in the statement of intent and they acknowledged it. Since Home Secretary clearly stated that they will not repeat something like Windrush then the question is, does it worth to kill ourselves on something which you can achieve eventually. Suppose they refuse your application, (which i highly doubt) as an eea family member, You do not need to apply for a residence card/PRC to prove you can live in the UK. And (if refused) once this new scheme goes live just apply again. regardless UK leave EU hardly or softly they are not gonna kick out eu citizens and their family members as that was the first thing raised/discussed since brexit. that is my two cents.

[Unluckyeea2]

Hi everyone ,
Any updates please ?
European Parliament Members wrote letter to Hom Secretary regarding rights of EU citizens in UK . Eu citizens rights group organisation Twitter @The3millions .

Thanks to all for updates

[silverman123]

Hi every one
Quick update
http://www.eearegulations.co.uk/Stateme ... raft_rules

Can you please go through?