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Refusal of EEA Family Permits because of dual nationality?

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

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el patron
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Posts: 335
Joined: Fri Aug 10, 2012 3:06 pm
Location: Northern Ireland

Refusal of EEA Family Permits because of dual nationality?

Post by el patron » Wed Feb 13, 2013 3:58 pm

Has anyone been refused an EEA Family Permit because their family member is a dual British/EEA national? I have seen several ECO refusals recently where the dual nationality issue was not given as a reason for refusal despite the dual nationality being evident from the application. I am starting to think tactically the UKBA are avoiding ECOs making refusal decisions on the dual nationality ground (perhaps unreasonably leaving the issue to raise its head at appeal?).

I have also seen ECO decisions which clearly have been made in ignorance of the 2012 amended definition of 'EEA nationals' and still working on the previous grounds that dual nationality was not a bar.

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