Dual British & Polish nationality EEA2

[tomiwish]

Hello,

I have a dual British (since April 2011) & Polish nationality. Me and my non-EEA wife would like to apply for the Residence Card (EEA2). Which route do we have to follow? Do we have a choice? I noticed one question on the EEA2 application form:

3.7 Do they also hold British citizenship?

Is this something we should be concerned about?

I have called Home Office many times, but each time I have been given different answer.

Thank you in advance!

[nonspecifics]

Only the non-EEA national can apply for the EEA2 Residence Card.

EEA nationals can apply for a Residence Card on EEA1 if they want to, but seems a waste of time in the UK.

It might or might not matter. The form tries to cover all circmstances, but does not explain that in your case it might or might not matter.

Case law like Surinder Singh, Eind and McCarthy affected British Citizens. But rather than repeating all that.......

Can you say if you were living outside the UK in another EEA country and exercised Treaty Rights there or what?

What is your travel / work history?

Are you the EEA national exercising Treaty Rights in the UK to sponsor your non-EEA now?

How are you doing that?

If you give that info, then you can be advised on the best way to obtain EEA2 Residence card for your non-EEA wife.

[tomiwish]

Sorry, maybe i did not make it clear, my wife wants to apply for EEA2. I was born in Poland and lived there for 20 years. I don't have any proof of working in Poland, just a Polish passport. I have been exercising Treaty Rights in the UK for the last 8 years. I sponsor my wife.

Thanks a lot!

[nonspecifics]

The extra info makes it much clearer.

In your case for your wife's EEA2 Residence Card application, it does not make any difference that you became a British citizen.

You are a Polish national who after exercising Treaty Rights for 8 years in the UK acquired Permanent Residence after five years and then British citizenship.

That makes your wife's EEA2 application much easier, as you do not have to prove you are exercising Treaty Rights now, as you already got PR ( and citizenship).

The June 11 forms do not explain that, but you can leave out proof about exercising Treaty Rights.

You already proved all that to get PR, so are exempt from proving it ever again.

For evidence you just need to send in the Polish passport with the PR document and your wife's passport, proof she is your wife and proof that you are both resident in the UK.

If it were me, I would also put a covering letter explaining that as I am a Permanent Resident and a naturalised British citizen, I am exempt from the requirement to provide proof of exercising Treaty Rights, just in case they don't know their job properly.


A quote from UKBA about residence cards:

" The Immigration (EEA) Regulations 2006 are clear that someone is entitled to a residence card if they are the family member of an EEA national who has the right of Permanent Residence in the UK."

[Jambo]

Yes. You can use the EEA route for the residence card. The question in the form whether you hold British citizenship is for a case of a British dual national who never left Britain and wants to use the EEA route. This is not your case.

No. You can't use the EEA route for RC and the immigration route for BC. If you go via the EEA route, you wife could apply for BC after 5 years in the UK. In order to apply for BC after 3 years, she will need to go via the UK immigration spouse route.

[tomiwish]

Thanks a lot for your prompt response! Much appreciated.