dual EEA and British

[Cupcake567]

Hi All!

Can you please clarify for me?
Dual EEA and British citizen naturalised after 2016 can still keep their EEA rights as per this doc https://assets.publishing.service.gov.u ... 9.0ext.pdf , correct?
If married to non-EEA, the spouse of dual citizen can still benefit from EEA rights, correct? EEA rights are not taken over by British?
Thanks.

[secret.simon]

A dual British-EEA citizen who had acquired PR before they were naturalised (i.e. not a dual British-EEA citizen by birth or by any means other than naturalisation) retains EEA rights for their family members on the same terms as purely EEA citizens.

Of course, that sunsets in 2021 for family members that are not currently not in the UK.

[Cupcake567]

Thank you Secret Simon.

So, that means that family members of dual citizens have rights every single EEA citizen in the UK and they can rely on these rights, they don’t have to apply for British Visa (because they have EEA rights- correct understanding?)

What happens with this new EU settlement scheme; does Non-EEA family member of dual citizen must apply for it? How about the dual citizen- does this person have to apply for the Settlement scheme to keep their EEA rights?

“ Of course, that sunsets in 2021 for family members that are not currently not in the UK.” but this NOT apply for those family members who currently live in the UK?

Please give more lights on this topic.

Thank you

[vinny]

Unfortunately, nothing is automatic under the EU settlement Scheme. Requires an application.

[Cupcake567]

Vinny- sure but should dual citizen apply for it too to keep EEA rights?

[vinny]

Family members should apply. A British citizen cannot, because a British citizen is not subjectable to leave.

[Cupcake567]

Family members should apply. A British citizen cannot, because a British citizen is not subjectable to leave.

Ok. But if dual will not apply, will they not lose their EEA rights?

[vinny]

They may be a relevant naturalised British citizen

(a) an EEA citizen (in accordance with sub-paragraph (a)(i) of that entry in this table) resident in the UK and Islands for a continuous qualifying period which began before the specified date; or
(b) an EEA citizen (in accordance with sub-paragraph (a)(i) of that entry in this table) who, having been resident in the UK and Islands as described in sub-paragraph (a) above, would, but for the fact that they are a British citizen, be granted indefinite leave to enter or remain under this Appendix, if they made a valid application under it;
and in either case the person also:
(c) comes within paragraph (b) of the definition of “EEA national” in regulation 2(1) of the EEA Regulations; and
(d) meets the criteria contained in regulation 9A(2) or (3) as the dual national (“DN”) to whom those provisions refer (regardless of whether, save in conditions 5 and 6 in the table in paragraph EU11 of this Appendix, they remained a qualified person under regulation 6 of the EEA Regulations after they acquired British citizenship)

[Cupcake567]

Thank you!!

So, family members of dual citizens have rights every single EEA citizen in the UK and they can rely on these rights, they don’t have to apply for British Visa (because they have EEA rights, correct?

[vinny]

Correct. They may apply under Appendix EU.

[Cupcake567]

Thanks a lot.