EEA Family Member Application for Permanent Residence

[straw10]

Hi There,

We are back again after a few years! My husband (non-EEA family member) has 7 years of EEA family member residence card in the UK with me as the sponsor. He intends to apply for ILR (EEA Route) this year ahead of the expiry. I have German and British nationality (born in UK). His first EEA residence card was granted on 5 August 2010. Since August 2015, theoretically, he would have permanent residence rights and we have all required evidence.
We have been made aware of a recent change in regulations that might affect my ability to exercise my rights as an EEA national given that I am also a British national. We are trying to understand whether or not the old regulations will be grandfathered in our case.
Would anyone be able to advise please?

Thank you in advance,
Straw

[EOIN]

I applied under the McCarthy transitional rules and believe you are covered. It seems to be a problem if you became a British citizen after 2012 or your husband acquired his first EU permit after July 2012, but I think in your case you should be fine. I was also born in the UK and my wife applied in Sept having completed 5 years on a family member permit which she got in 2011.

[straw10]

Hi Eoin,

Thank you so much for your reply, it is good to hear that and to know that we are still in with a chance!

Straw