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

[kam999]

Silver - BRP merely means biometric residence permit and every one gets the same.

Bubblegum - Congrats man.

Renaldogr - Are you submitting your British passport as an additional document? my sponsor does not have one and I did not include her citizenship certificate, my adviser said not to send and wait for them. can't decide..

[reynaldogr]

Silver - BRP merely means biometric residence permit and every one gets the same.

Bubblegum - Congrats man.

Renaldogr - Are you submitting your British passport as an additional document? my sponsor does not have one and I did not include her citizenship certificate, my adviser said not to send and wait for them. can't decide..

I would wait until is requested by the HO (If this is the case).
Congratulations Bubblegum! That was really quick timeline. I'm wondering if HO gives priority to the app were the RC is due to expired sooner, rather than first come first serve basis! I can recall chaoscontrol app was also decided in record time, and if i remember properly, his wife RC was due to expired just before they submitted their PR application!

but anyhow! nothing we could do other than sit back and wait i suppose!

[BubbleGum16]

Silver - BRP merely means biometric residence permit and every one gets the same.

Bubblegum - Congrats man.

Renaldogr - Are you submitting your British passport as an additional document? my sponsor does not have one and I did not include her citizenship certificate, my adviser said not to send and wait for them. can't decide..

I would wait until is requested by the HO (If this is the case).
Congratulations Bubblegum! That was really quick timeline. I'm wondering if HO gives priority to the app were the RC is due to expired sooner, rather than first come first serve basis! I can recall chaoscontrol app was also decided in record time, and if i remember properly, his wife RC was due to expired just before they submitted their PR application!

but anyhow! nothing we could do other than sit back and wait i suppose!

Thanks! Think you may have a point. We had some trips that we had to make in early May so I kinda dragged till we are back before sending the application. However I did ask my husband to use his EU passport to get out and in to the UK with me. Also, when we were back in early May, the U.K. Boarder Officer did spend an unusual amount of time asking me questions, checking my EEA2, telling me that my EEA2 is expiring very soon, and even asked me to scan my finger prints, which never happened before.

[silverman123]

Many thanks for your explanation.

[Unluckyeea2]

Hi everyone !
Thanks to all for updating and sharing stories on this Great forum .
@BubbleGum16 congratulations and Thank you for good news .I am preparing my non EEA wife and child's PR but we don't have utility bills in our name because of rent we pay to landlord is including bills so utility bills are in lanlords name .My wife and me have individual bank account and I receive child benefit for non EEA child in my account but we have council tax in joint name . We were unware of rules so continued with individual bank account and I am worried if we make joint account then she will be counted receiving child benefit and could be PR refused and she in not working but I am working non stop for 10 years .Did you submitted joint bank account statements and joint name utility bills please help !
Thanks to all and all contributions are appreciated .

[BubbleGum16]

Hi everyone !
Thanks to all for updating and sharing stories on this Great forum .
@BubbleGum16 congratulations and Thank you for good news .I am preparing my non EEA wife and child's PR but we don't have utility bills in our name because of rent we pay to landlord is including bills so utility bills are in lanlords name .My wife and me have individual bank account and I receive child benefit for non EEA child in my account but we have council tax in joint name . We were unware of rules so continued with individual bank account and I am worried if we make joint account then she will be counted receiving child benefit and could be PR refused and she in not working but I am working non stop for 10 years .Did you submitted joint bank account statements and joint name utility bills please help !
Thanks to all and all contributions are appreciated .

Hi, regards to bank accounts. Me and my husband have a joint account and we also have our individual accounts. However, regarding to the application, I haven't submitted our joint bank account or joint utility bills.

The documents related to proof of continues residency, I've submitted:
- Joint council tax bill (covering 5 years)
- Our tenancy agreement (covering 5 years)
- My HMRC end of year tax summary (covering 5 years)

With regards to Child Benefit, they did ask you this question in the application form and ask to see evidence of this, so I've sent:
- My husband's bank account, where he receive Child Benefit. (Not really covering 5 years, but just from the time when the Child Benefit started to getting in - this is because I've already had sufficient 'proof of residency')
- A side note on Child Benefit, I think it counts per child rather than parents. So it doesn't matter if it's you or your wife getting it. It won't affect her PR as her residency is based on you.

Then other supporting documents really are showing the proof of relationships (like marriage certificate), and he's PR card (which is the proof of his 'settled' status).

As you're filling in the application form, there is a section asking you about the nature of your application, and they'll tell you only to complete relevant sections.(section 5, 9, 16, 17, 18, 19 in our cases as applying for PR after 5+ residence as a non-eea family member of eea national) -- Actually I just checked and HO just released a NEW EEA (PR) APPLICATION FORM, dated 07/18!!

Had a look at that new form, they increased another section (section 11 - which is required in our cases), where they asked details about relationships between applicant and their EEA family member: when do you live together, when and where you first meet, do you have children etc...These are new! They were not there when I sent my application in May.

Also in the end of the form, there is a kind of supporting document checklist, which gives you an indication of what kind of documents are acceptable and applicable to which sections. So what I did was just to follow the guide, and sent the documents with the range.

Oh, one more thing, the EEA (PR) Guidance Notes - they list the importance of different kinds of supporting documents. So for example:

- High Value ones including: Council tax bill, utility bill, bank/credit card statement, HMRC employment history etc.
- Medium Value: Tenancy agreement, mortgage agreement etc
- Low Value: mobile phone bills.
- No Value: character reference letters, wedding albums... (they said please do not send this)

So, going back to your question, I think as long as you can provide the supporting documents covering past 5 years continuously in some format, you don't have to have joint bank account of joint utility bills. If you have council tax in your joint name, that's great - as this is considered a high value document. Just you need to make sure that whatever the supporting document you sent, it proofs a 'continuation' - e.g: if year 1 and 2 - it's council tax bill, but year 3, 4 and 5 it's bank statement - don't think this will work.

Hope this helps. Good luck. x

[Unluckyeea2]

@ BubbleGum16 Thank you for kind response and I am grateful .Thanks to all friends as well.

[kam999]

Hi Unluckey,

Don't stress mate, the biggest evidence is your child which covers that you guys are living together and obviously are married so don't worry about joint accounts. let me put you at ease, we don't have children neither we sent any document on joint names as we don't really have any (landlord covers even council tax), but I sent every official letter sent to me or to my wife by official departments which states our address on the top, like driving licence copy, crb checks, SIA license, HM letters, as like Bubblegum mentioned there is a category of list of documents you suppose to send they dont have to be on both of ur names. I have red somewhere the guidance to caseworkers is that when a couple have a child it is considered a strong case. Further, every case is different and assessed on individual basis, I can totally understand how u r feeling and the burden while you submitting your application, but everything will be alright. Our biggest challenge was Dual nationality which is acknowledged by HO and now minor things should be over looked.

Bubblegum,

I called you man ysterday, I am sorry i didnt realize it. thank you for sharing such a thorough detailed reply it covers a lot of aspects.

[BubbleGum16]

Hi Unluckey,

Don't stress mate, the biggest evidence is your child which covers that you guys are living together and obviously are married so don't worry about joint accounts. let me put you at ease, we don't have children neither we sent any document on joint names as we don't really have any (landlord covers even council tax), but I sent every official letter sent to me or to my wife by official departments which states our address on the top, like driving licence copy, crb checks, SIA license, HM letters, as like Bubblegum mentioned there is a category of list of documents you suppose to send they dont have to be on both of ur names. I have red somewhere the guidance to caseworkers is that when a couple have a child it is considered a strong case. Further, every case is different and assessed on individual basis, I can totally understand how u r feeling and the burden while you submitting your application, but everything will be alright. Our biggest challenge was Dual nationality which is acknowledged by HO and now minor things should be over looked.

Bubblegum,

I called you man ysterday, I am sorry i didnt realize it. thank you for sharing such a thorough detailed reply it covers a lot of aspects.

No worries Kam. Do hope everyone here gets things sorted in the end. x

[silverman123]

Dear all moderators and friends in this forum
I do need your help and your opinions please.
@Obie @ Richard W
@CR001
I really didn't want to share what happened with me because i didn't want to disappointed anyone. but honestly my mind will explode from thinking and i didn't get any clear answers yet.
On 24 July 2018.
I just received all my documents back from Home office and the problem was they have issued me another 5 years residence card not my permanent residence.
No explanation why they did that.
Just letter says your biometric residence card will arrive separately.
Already received my biometric residence card for another 5 years until 2023.

Quick info about me.

Non eu citizen married to eu citizen may 2013
Applied for my first residence card in May 2013 i received it in November 2018 valid until November 2018.
So my solicitor applied for my permanent residence based on my 5 years completion of marriage.
May 2013 completed in May 2018


Also i live with my wife before the marriage since 2012.

I'm working since feb 2014 until now non stop

Quick info about My wife
She entered uk 2010 as worker.
She acquired her permanent residence in feb 2017 and after 23 days only
She received her permanent residence and a letter from home office says she was qualified since feb 2015
It was a good news that she doesn't have to wait to naturalised
And she became a British citizen in jan 2018 so she is dual nationals now.

Jan 2018 my wife gone on maternity and she still receiving maternity pay until October 2018
And she will get back to work straight after her maternity will stop in October. However maternity is for one year but she will get back to work even earlier.


My wife never stop working since she entered Uk until this moment.


We don't receive any benefits from government or anything.
Just child benefit that's all

Back again to my problem
My solicitor opinion was error from them.
I don't know how they issued me another 5 years residence card with no explanation.

However my solicitor send a letter to case worker
And emailed BRC ERROR
didn't get any reply yet and crossed the Internet Many many cases didn't get any reply.

My solicitor submitted all evidence to home office such as
Marriage certificate.
5 years P60s for my wife
Utility bills
Tenancy agreement.
Our baby birth certificate.
Bank statements.
All this staff has been sent and even more.


Do you think because of my previous residence card was still valid i had to wait 28 before i apply for my permanent residence?

But from what i know i can apply based on 5 years completion of marriage.

Do you think because she is on Maternity i was issued another 5 years?

Do you think shall i apply once again for my permanent residence instead of wasting time and at the end i may not get any response?

Many thanks in advance

[vinny]

You became a family member immediately after your marriage. Your qualifying period for PR started when you were initially a family member in the UK of a qualified person, unless they granted you an EEA residence card as an extended family member before you got married.

[silverman123]

Thanks vinny
I applied for my first residence card on May 2013 got in November 2013
before that i did not have any other residence in uk.

[vinny]

As a family member, the EEA residence card is irrelevant for the purposes of PR.

[Unluckyeea2]

Hi everyone!
Thanks to all for updates .
@ Kam99 Thank you for your support and sharing your experience .
@ Silverman may be case worker didn't carefully handle PR application we reading news some they sending documents passports to wrong address to wrong person .hope your solicitor will follow them .

Thank you everyone on this Great forum , moderators ,senior Gurus and friends for your valuable time .

[reynaldogr]

Hi Silverman, it sounds to me this is in fact another useless caseworker that doesn’t have a clue what is doing! My advise will be to formally apeal or take your case to court! Should be a pretty straight forward decision but I understand will be a pain to go through the process, time consuming and money! There no such a thing as double back to back residence cards to cover up 10 years, as far as I’m aware. So this is to me a geniuly mistake....

May I know how did you manage to live and stay in the uk with your wife since 2012 (when you get married), until you formally apply for your first residence card on may 2018?

Br

[Richard W]

Back again to my problem
My solicitor opinion was error from them.
I don't know how they issued me another 5 years residence card with no explanation.

If you enrolled your biometrics after your fifth anniversary, then your solicitor is correct.

[silverman123]

I'm in relation since 2012 and we live together since 2012.
We married in uk in May 2013
Applied for my first residence card in May 2013(same month i got married)
So i completed my 5 years marriage in May 2018
And after i applied for my permanent residence.
I received another 5 years which is wired.
No explanation letter.
Not even a letter to apeal.
It look like if I was applying for another residence card.
I know it's a mistake
Honestly guys i don't see why they issued my another 5 years.
There is no excuses.
My poor expectations they considered my application as residence card.
However across the Internet i found many cases such as me.
But 90% of them retain right of residence.
Or their wife's not exercising their treaty rights during the 5 years.
I found a very similar case like my case.
But the guy apply one year earlier based on 4 years marriage.
Home office sent him a letter saying
You only can apply after you complete 5 years marriage.
Or 28 days before expiry date of his residence card.
And they give him options either they reject the application. Or they can issue him another 5 years.
He choosed 5 years.
However i know that I don't have to stay another 5 years to apply for my permanent residence as already completed my 5 years marriage.
I will wait for their response which i know that they will never reply.
I will have to do fresh applications.

Thanks guys for your help and sharing thoughts with me. I really appreciate it.

[silverman123]

Many thanks Richard W
Yes i made my biometric enrollment in 8 July 2018

[reynaldogr]

Text correction from my previous post:

“The 5 year starts since you started living together in the uk (may 2013 from what I can understand), the date when the RC was issued (nov 2013), is irrelevant. You were entitled to apply for PR, 28 days before the actual date you entered to join (or along with your partner) in the uk, so in your case, sometime in April this year... so what do you have at the moment? 2x vignette stamped in your current passport? Not sure if you could re-apply if this was the case! You will end up making thing more messy (just my humble opinion).

Br”

[CR001]

The 5 starts since you started living together in the uk (may 2018), when the RC was issued (nov 2018), is irrelevant. You were entitled to apply for PR, 28 days before the actual date you entered to join (or along with your partner) in the uk, so in your case, sometime in April this year... so what do you have at the moment? 2x vignette stamped in your current passport? Not sure if you could re-apply if this was the case! You will end up making thing more messy (just my humble opinion).

Br

There is no "28 days before" for applications under the eea/EU route. It must be the full 5 years before applying got PR.

The 28 days applies to UK immigration rule route applications!

[reynaldogr]

This was the information I was given (actually, in several ocasions) by the useless HO European telephone helpline ...

[silverman123]

Hi @CR001
Am I qualify for permanent residence based on my 5 years marriage?
Or i had to wait until November for 2018 to apply?
Sorry but i Got confused.

Hi @Reynaldogr
I have to residence card
The old one which is look like visa stamped on my passport.
New one biometric valid until 2023.

Many thanks in advance.

[Richard W]

Hi @CR001
Am I qualify for permanent residence based on my 5 years marriage?

For the third time, yes, roughly speaking. You acquired PR on the basis of:
1) Being married for 5 years
2) Residing in the UK during that time
3) Your wife being a qualified person and then a permanent resident during that time.

We would normally suspect that the Home Office considered that either your wife was neither a qualified person nor a permanent resident for some of that time, or that you were absent from the UK during a significant part of that time. As your wife has a DCPR, then either they consider it was issued in error (or as the result of a deception), or they think you were absent, or they have simply made a mistake. It appears to be the latter. Solicitors aren't always wrong about the EEA route.

[silverman123]

@Richard W
Many thanks for your help.
Sorry for asking many times.
It's just the stress home office always put us in.

I will wait for their response. If they don't i will have to make fresh application.

[kam999]

HI Silver,

Just occurred to me, since your spouse has dual nationality, did you submitted her permanent residence document (if she still had it at the time of your app) with your application? if yes, did they return it? If both answers are yes, then I think it is a mistake by caseworker. However, your wife acquired DCPR in Jan 2018 and then she took maternity leave in the same month. you submitted your application on May 2018, 4 months gap since your wife is on maternity leave.

Now HO's free movement rights version 6, in the section of Family members of dual British and EEA nationals it says:

A dual British and EEA national will continue to be an EEA national for the purposes of the 2016 Regulations, as defined in regulation 2(1), if (bullet point 3):

the dual British and EEA national continues to exercise Treaty rights or holds a right of permanent residence

and only then: The family members of dual British and EEA nationals meeting these criteria will
continue to be eligible to apply for the documentation available under regulations 12,
17, 18 or 19 of the 2016 Regulations.

My question is would her maternity leave could effect on your PRC, provided you mentioned it?

Also a bit silly but can't be overruled, do you (or your solicitor) have a copy of your application form the one you sent for PRC, if yes, see if you checked the wrong box by mistake or did not check the box at all in section 3.

All the best mate.