Non eea parents

[AKOKO]

I am a eea national acquired my permanent resident since April 2015,my dad(80 yrs) and my mum (65 yrs) living here in U.K. With I applied for residency card for them and approved 2014 , my Dad and mum have health issues and my wife and my parents not getting along I rented a flat for them and now the council paying for the flat and my father receive pension credit from government and my mum is the full time carer for my dad because he has partial stroke I'm still supporting them with 100£ every month and I pay for all there electricity and water from my account,recently apply for my naturalisation can this issues affect there permanent resident in three years time thanks you for any advice

[Casa]

Yes it will, as once you are granted British citizenship you will no longer be able to sponsor your parents under the EEA Regulations.

You may also have another issue as it appears that they are no longer wholly dependent on you as the Council are paying for their accommodation.
Covering their water & electricity bills and contributing £100 a month won't be considered as full financial support.

I'm confused how your father qualifies for pension credit unless he is an EEA national?

[noajthan]

I am a eea national acquired my permanent resident since April 2015,my dad(80 yrs) and my mum (65 yrs) living here in U.K. With I applied for residency card for them and approved 2014 , my Dad and mum have health issues and my wife and my parents not getting along I rented a flat for them and now the council paying for the flat and my father receive pension credit from government and my mum is the full time carer for my dad because he has partial stroke I'm still supporting them with 100£ every month and I pay for all there electricity and water from my account,recently apply for my naturalisation can this issues affect there permanent resident in three years time thanks you for any advice

Yes, you cannot sponsor parents under EU rules if you naturalise and become British.
Suggest hold off from naturalising if you wish parents to continue residing in UK.
They need to acquire their PR status first before its safe for you to disenfranchise them by naturalising.

[AKOKO]

Thanks for your reply can I withdraw my application for naturalisation because I submitted on the 10th of November 2016 about a month ago Any advice pls

[AKOKO]

Thank you casa my dad qualified and the pension officer came to my house do all the photocopies of my work and see my parent because my dad is disabled and they said he's entitled to disability allowance because they are my family member
Everything legal moreover in the application for eea2 for my brother who is dependant on me was approved permanent residence recently there was a column asking if your eu sponsored is naturalize as British citizens

[noajthan]

Thank you casa my dad qualified and the pension officer came to my house do all the photocopies of my work and see my parent because my dad is disabled and they said he's entitled to disability allowance because they are my family member
Everything legal moreover in the application for eea2 for my brother who is dependant on me was approved permanent residence recently there was a column asking if your eu sponsored is naturalize as British citizens

When brother had his PR confirmed the sponsor was not yet a British citizen (if you were his sponsor).

[noajthan]

Thanks for your reply can I withdraw my application for naturalisation because I submitted on the 10th of November 2016 about a month ago Any advice pls

Yes, you can withdraw but you will forfeit the fee.
If you naturalise parents will need to revert to home country unless they suddenly become dependent on someone else;
so you probably need to weigh up the costs and benefits of each option.

[AKOKO]

Dual nationality: Nationality of a (non UK) Member State plus acquired British citizenship

The question of impact on TCN family members seems entirely different where the dual national is a non-UK EEA national who acquires British citizenship (following the acquisition of Permanent Residence), and their British citizenship is in addition to their pre-existing EU citizenship.

Directive 2004/38 and the EEA Regulations do not specifically consider this eventuality, though the Regulations would exclude such a dual national from relying upon its provisions (Regulation 2).

No CJEU case-law has considered the effect of naturalisation with the citizenship of the host state where the Union citizen has obtained the right of permanent residence and is thus not required to exercise Treaty rights within the host Member State.

Logically, the family members of an EEA national residing legally in the UK should not lose their status as family members of the EEA national once that EEA national becomes British in addition to holding their original nationality – the purpose of enabling family members to reside in another Member State with a Union citizen (to encourage integration) does not vanish if the Union citizen exercising Treaty rights becomes eligible for and in fact gains the nationality of the Member State in which they reside. Member States are in charge of their own nationality laws, their citizens are also automatically Union citizens (Article 20 TFEU).

If the dual EU-UK national were automatically excluded from benefiting under the EEA Regulations in line with the interpretation of EEA National in Regulation 2, then this defeats the integrationist logic of the right of permanent residence, and does not seem to be in accordance with the reasoning behind the McCarthy decision – at paragraph 39, the Court stated “…in so far as the Union citizen concerned has never exercised his right of free movement and has always resided in a Member State of which he is a national, that citizen is not covered by the concept of ‘beneficiary’ for the purposes of Article 3(1) of Directive 2004/38, so that that directive is not applicable to him.” The Court did not say that Union citizens who exercise their rights of free movement but become nationals of the host state are no longer beneficiaries.

There may need to be references to the CJEU in order to clarify the rights of dual nationals and the rights of family members following the naturalisation of their Union citizen family member, as currently the law is unclear, and where there is exercise of free movement rights, dual nationality is likely to become increasingly common. It would be a poor side effect of free movement if the exercise of one’s rights and integration into a host state meant that your family members lost their ability to reside with you under EU law.

[AKOKO]

Any comment pls mr casa and noajhan because I just contact a lawyer this evening and I want you to read what the law says

[Casa]

I'm not a 'Mr'.

Your parents entered the UK after the transitional agreement under the McCarthy ruling ceased in 2012.

British citizens are no longer able to sponsor EU family members residing in the UK.

The passage of text that you've posted isn't 'The Law'.

[noajthan]

Dual nationality: Nationality of a (non UK) Member State plus acquired British citizenship

The question of impact on TCN family members seems entirely different where the dual national is a non-UK EEA national who acquires British citizenship (following the acquisition of Permanent Residence), and their British citizenship is in addition to their pre-existing EU citizenship.

...

What is all this stuff - where did you get it from?
It appears to be a blog commentary on ramifications of McCarthy.

If you quote something its good practice to add the relevant source or a link.
It is not the law, it is evidently someone's analysis.

The only relevant law there is is the UK's EEA Regulations. Look it up.

You appear to have come to UK too late to avail of the McCarthy transitional arrangement in the way it has been transposed into UK EEA Regulations (which is at variance with original findings of McCarthy case).
And originally the case law only ever applied to spouses.

If the McCarthy transitional agreement applied to you I would have mentioned it.
It doesn't apply so I mentioned what does apply which is: you cannot sponsor your parents anymore if you naturalise before they have acquired PR.
They will need to find another sponsor or else leave UK if you do naturalise too soon.

[AKOKO]

Ok thank you

[vinny]

Waiting for the deliberations of the CJEU.

[noajthan]

... I'm still supporting them with 100£ every month and I pay for all there electricity and water from my account,recently apply for my naturalisation can this issues affect there permanent resident in three years time thanks you for any advice

Its a grey area once dependents have made it to UK but support of £100 a month may not be deemed enough to provide for essential daily needs such as food and accommodation;
(especially as flat is now provided for by council and parents are in receipt of state benefits which could amount to a significant percentage of their income).
This may be a concern if/when confirmation of acquisition of PR is applied for.

[AKOKO]

Thank u noah , the help received from the council cannot work against them ,I have a friend in the same situation and permanent resident was issued to the parent both mother and father, my friend even make enquiries to home office before the application and they replied they qualify for that under Eu law and PR for the parent take 43days.
I will withdraw the naturalisation application wait until the got the PR. Even my brother that got the pR three month ago I gave him 100£ every month and application approved.
Are u saying family members of Eu national not entitled to the public funds if the are here legally?

[noajthan]

Thank u noah , the help received from the council cannot work against them ,I have a friend in the same situation and permanent resident was issued to the parent both mother and father, my friend even make enquiries to home office before the application and they replied they qualify for that under Eu law and PR for the parent take 43days.
I will withdraw the naturalisation application wait until the got the PR. Even my brother that got the pR three month ago I gave him 100£ every month and application approved.
Are u saying family members of Eu national not entitled to the public funds if the are here legally?

I'm not saying that (and case law of Pedro may be a guide here); I'm simply aware the applicant must not pose an undue burden on state social assistance system of the host state.
As per the Directive.

In general, how that is assessed depends on the category of qualified person the applicant falls into.
So economically-active workers may receive means-tested state benefits; students or self-sufficient persons may not.

In the case of dependents, my understanding is that the percentage of support versus income streams from other sources is significant (regardless of the source, whether it may be state or private funds).