Dual National British and EEA - Help pls

[goodfella30]

Hello there

I'm both Italian and British National, living in UK. I have never worked in a EU state. Now married to my non - EU wife, and I'm trying to bring her over here to UK under EU rules using EEA family permit.

I read the new rules about the Surinder Singh judgement and McCarthy.

questions;

- Is the change implemented at the moment? anyone refused EEA permit due to the new changes?

- I see no release of new application for EEA family permit nor questions or guidance reflecting the new rules.

- the application for EEA FAMILY PERMIT (VAF5 DEC 2008) still old, can I try applying?

Can they apply new rules whilst using the old version application (VAF5 DEC 2008) ? I read a thread saying since the new application not being released you must hurry and try to apply ...

I'm really lost in what to do, cos if I try to follow UK immigration rules, I don't meet the financial requirements, I left my 21k job just recently (1 month ago) due to health reasons ( bad back ) now doing part time job and getting housing benefit.

Many thanks all

[Amber]

Until 16 July 2012 persons who held British citizenship and who were also nationals of another EEA member state could rely on that EEA nationality to benefit from the terms of the Directive. This was because Regulation 2 of the 2006 Regulations did not preclude such dual national British citizens from benefitting from free right movements.

The definition of EEA national in Regulation 2 was amended on 16 July 2012 to preclude dual British citizens/EEA nationals from benefitting from the Directive and therefore also to preclude their family members from relying upon free movement rights.

The McCarthy judgment determined that a person who holds the nationality of the host Member State (in our case British nationality) and has never exercised their right of free movement and residence does not benefit from the terms of the Free Movement Directive. This is regardless of whether or not they hold dual nationality with another member state. This means that family members are also unable to derive a right of residence under the Directive on their basis of their relationship to such a national. British citizens can only acquire free movement rights in certain scenarios and so are in general prevented from circumventing the requirements of the Immigration Rules when sponsoring entry to the UK of family members.

[Obie]

Did you live in Italy or other European country, or where you born in the UK?

[vinny]

I need advice please;

Im an Italian citizen residing in UK for over 5 years.
I have applied for British citizenship 2 years ago.

I now got married to a non - eea wife. I just found out that I have lost all my EEA rights, because im now also British.

I cant meet the financial requirements, and all the documents.

Im thinking about renouncing my British Citizenship then apply under EEA route.

What can you advice?

Do you think in the future can I regain my British Citizenship?

Many thanks.