Do dual EU-UK citizens have rights under EU law?

[Unluckyeea2]

Hi everyone ! Thanks to all for updating .@ Chaoscontrol I agree with your opinion first they tried to stop non EEA family members by flawed apply of Mcarthy to dual nationals who exercised treaty rights but long court battle by Lounes and ECJ forced them to stop but even after 14 November Lounes judgement they ignored to implement it that Brexit is on corner so they said all decisions are put on hold letter to chaoscontrol but again transitional period agreed till December 2020 and a lot of dual nationals similar to Lounes cases went to MPs and sending application and letter to them plus solicitors on behalf of their dual national clients writing letters to everywhere now forced them for implementing of Lounes judgement but still they will try to apply Lounes in way favouring to them their past shows that .@chaoscontrol make sure the letter of puting on hold all applications of dual nationals forward to European commission and ECJ .All affected people write to European commission . Derivative residence mean no PR and what will happen after Brexit date March 2019 ? All friend be serious is not easy so far .Thanks to all and please keep updatupd

[Malik_01]

Hi there,

I was reading your article and was concerned about my right to live and work in UK

My wife got her BC recently and as she is now a Dual national, I am not sure being a spouse of EU national and having an RC would mean anything to me?

Arrival in the UK: Mar 2014
Renewal date: Mar 2019
Wife's BC date: Mar 2018

Could you please help as I am in touch with the HO and also on several articles it declares me as an unlawful resident under the immigration law.

Many thanks

[pusched]

Unfortunately nothing is certain at the moment but this is an interesting read: https://europeanlawblog.eu/2018/03/05/l ... nd-brexit/

A few people here are in the middle of applying for PR EEA. Me and my partner will be in the same boat in December. I just got my BC, my partner is here with an EEA FP. We have travelled since and have had no issues.

I think it is important not to panic and keep on top of what is happening about this. Looks like recently HO finally started to address the Lournes case and soon, there should be further information.

From what I understand, the law is currently on our side provided the EU citizen has moved from their home country to the UK which is different to the McCarthy case.

[silverman123]

Agree with @pusched
It's very important not to panic HO start to address lounes.
I understand the panic and fear inside all og us. But the more i read about the more clear it becomes.

Also i went through(derivative right of residence) zambarono. Chen. Ibrahim
It's completely different cases than us.
Therefore there is no right of permanent residence because non of them stays on basis of freedom of movement.
Exercising treaty rights.
Is not even similar to our cases.
BUT (SURINDER SINGH)
IS DIFFERENT YOU CAN MAKE APPLICATIONS FOR RESIDENCE CARD AND PERMANENT RESIDENCE.
EDIN CASE THE SAME
O AND B THE SAME.
SIMPLY ALL OF THOSE CASES UNDER FREEDOM OF MOVEMENT
IN MY VIEWPOINT LOUNES WILL GO THE SAME WAY
And lounes judgment make it very clear by saying
Must be on conditions
MUST not be stricter than those who provided by the directive
It's equal to the directive.

[Malik_01]

Guys,

I have found written evidence under the freedom of information act from www.whatdotheknow.com, a UK charity that supports people in their FOI requests.

The link is as below:

https://www.whatdotheyknow.com/request/ ... C.doc.html

Please give your feedback. Hopefully, we will hear some good news soon.

Awan

[Adalba]

Hi guys,

I am new here and hope someone can help me.

My case.

I am a no EEA/EU country. My wife is BRITISH born a also has IRISH citizenship.

We have been together for 7 years ( 2 years married), living in IRELAND where I have a Residency card [Stamp 4 EU family member( Exp 2021). I got this visa on the strength of she is been there exercising her free treat right of movement under the EU law.

Last December I got the family permit to come to UK with her.

Now I need to apply for family member here in Uk. We want to apply under the SURINDER SINGH route.

I have seen a lot of things out there. One that says, as she is a Irish national, we wouldn't be able to apply under the EU law, once she is a national in Ireland she would not be exercising her treat right of movement in this case.

If anyone has any information regards to this I appreciate.

thank guys.

[ebi]

Eligibility
@The family member of a British citizen, if you entered the UK under the EU law after living in another EEA country (‘Surinder Singh’ route) can also get permanent residence if you’ve lived in the UK for a continuous period of 5 years:

[ebi]

You must use a different form if you want to stay for another reason. Version 04/2018. EEA (FM) - version 04/18. This form is to be used for applications made on or after 11 April 2018 ...
Lounes case has been implemented :

[ebi]

EEA(FM)
Application for a registration certificate or residence card as the family member of a European Economic Area (EEA) or Swiss national Any further reference on this form to EEA nationals includes Swiss nationals.

Who this form is for: You may be able to apply online at https://visas-immigration.service.gov.uk/product/eea-qp. Use this application form if you are unable to apply online and you wish to apply for a registration certificate (if you’re an EEA national) or residence card (if you’re a non-EEA national) as: • the family member of a relevant EEA national, • a person who is no longer the family member of a relevant EEA national but you’ve retained your right of residence under EU law, or • the family member of a British citizen who you lived with in another EEA Member State before returning to the UK (‘Surinder Singh’ judgment) ‘Relevant EEA national’ means an EEA national who is (or was) in the UK as a ‘qualified person’ (worker, self-employed, self-sufficient, student, or jobseeker) or has a permanent right of residence in the UK under the EEA Regulations. Which family members can apply on this form? If the relevant EEA national only has a right to reside in the UK as a student, you must be the: • spouse or civil partner of the EEA national, or • dependent child of the EEA national, or of their spouse/civil partner.

all other cases, you must be the:
• spouse or civil partner of the relevant EEA national/British citizen,

• child or grandchild of the relevant EEA national/British citizen, or of their spouse/civil partner, and be aged under 21 or dependent, or
• dependent parent or grandparent of the relevant EEA national/British citizen, or of their spouse/civil partner.

You will only be considered for a registration certificate or residence card as the family member of an EEA national. You will not be considered for anything else. You must use a different form if you want to stay for another reason

[ebi]

Apply for a registration certificate or residence card for a family member: form EEA (FM)
Form for a family member of an EEA or Swiss national in the UK to apply for a registration certificate or residence card.

Published 30 January 2015

Last updated 11 April 2018 — see all updates
From:
UK Visas and Immigration

[ebi]

@ spouse or civil partner of the relevant EEA national/British citizen, 

[ebi]

www.eea_fm_-04-18-pdf

[eubritish]

I have also received an email from them in reply to my PAP saying the refusal of EEA Family Permit for my dependent Extended Family member has been overturned and the application will be re-considered.

Of course it doesn't mean the Family Permit will be issued, they may refuse it again for yet another reason, but at least the issue of dual nationality is out of the way.

The dual nationals I believe can now start to relax.

[Branok]

EEA(FM)
Application for a registration certificate or residence card as the family member of a European Economic Area (EEA) or Swiss national Any further reference on this form to EEA nationals includes Swiss nationals.

Who this form is for: You may be able to apply online at https://visas-immigration.service.gov.uk/product/eea-qp. Use this application form if you are unable to apply online and you wish to apply for a registration certificate (if you’re an EEA national) or residence card (if you’re a non-EEA national) as: • the family member of a relevant EEA national, • a person who is no longer the family member of a relevant EEA national but you’ve retained your right of residence under EU law, or • the family member of a British citizen who you lived with in another EEA Member State before returning to the UK (‘Surinder Singh’ judgment) ‘Relevant EEA national’ means an EEA national who is (or was) in the UK as a ‘qualified person’ (worker, self-employed, self-sufficient, student, or jobseeker) or has a permanent right of residence in the UK under the EEA Regulations. Which family members can apply on this form? If the relevant EEA national only has a right to reside in the UK as a student, you must be the: • spouse or civil partner of the EEA national, or • dependent child of the EEA national, or of their spouse/civil partner.

all other cases, you must be the:
• spouse or civil partner of the relevant EEA national/British citizen,

• child or grandchild of the relevant EEA national/British citizen, or of their spouse/civil partner, and be aged under 21 or dependent, or
• dependent parent or grandparent of the relevant EEA national/British citizen, or of their spouse/civil partner.

You will only be considered for a registration certificate or residence card as the family member of an EEA national. You will not be considered for anything else. You must use a different form if you want to stay for another reason

That is the same wording as in the last version (03/2017) :/

[ebi]

spouse or civil partner of the relevant EEA national/British citizen, 

[Branok]

"
Page 1
EEA(FM)

Application for a registration certificate orresidence card as the family member of aEuropean Economic Area (EEA) or Swissnational Any further reference on this form to EEA nationals includes Swiss nationals.

This form is to be used for applications made on or after 22 March 2017

Who this form is for:

You may be able to apply online at https://visas-immigration.service.gov.uk/product/eea-qp. Use this application form if you are unable to apply online and you wish to apply for a registration certificate (if you’re an EEA national) or residence card (if you’re a non-EEA national) as:
• the family member of a relevant EEA national,
• a person who is no longer the family member of a relevant EEA national but you’ve retained your right of residence under EU law, or
• the family member of a British citizen who you lived with in another EEA Member State before returning to the UK (‘Surinder Singh’ judgment)

‘Relevant EEA national’ means an EEA national who is (or was) in the UK as a ‘qualified person’(worker, self-employed, self-sufficient, student, or jobseeker) or has a permanent right of residence in the UK under the EEA Regulations.

Which family members can apply on this form?

If the relevant EEA national only has a right to reside in the UK as a student, you must be the:
• spouse or civil partner of the EEA national, or
• dependent child of the EEA national, or of their spouse/civil partner.

In all other cases, you must be the:

• spouse or civil partner of the relevant EEA national/British citizen,
• child or grandchild of the relevant EEA national/British citizen, or of their spouse/civil partner, and be aged under 21 or dependent, or
• dependent parent or grandparent of the relevant EEA national/British citizen, or of their spouse/civil partner.

You will only be considered for a registration certificate or residence card as the familymember of an EEA national. You will not be considered for anything else. You must use adifferent form if you want to stay for another reason.

Version 03/2017 EEA (FM) - version 03/17"

That refers to the Surinder Singh path

[ebi]

Latest documents

Premium visa upgrade request form
Updated 13 April 2018FormUKVI

Application registration card
Updated 13 April 2018GuidanceUKVIPart of a collection: Asylum screening and routing (asylum instructions

Apply for a registration certificate or residence card for a family member: form EEA (FM)
Updated 11 April 2018FormUKVIPart of a collection: UK visa, immigration and citizenship application forms

[Branok]

Latest documents

Premium visa upgrade request form
Updated 13 April 2018FormUKVI

Application registration card
Updated 13 April 2018GuidanceUKVIPart of a collection: Asylum screening and routing (asylum instructions

Apply for a registration certificate or residence card for a family member: form EEA (FM)
Updated 11 April 2018FormUKVIPart of a collection: UK visa, immigration and citizenship application forms

For the EEA (FM) form:
"Published 30 January 2015
Last updated 11 April 2018 - hide all updates
11 April 2018
Form has been revised to remove duplicate question.
22 March 2017
Updated application form.
10 June 2016
Updated form for use on or after 10 June 2016.
18 March 2016
Updated form and guidance for use on or after 18 March.
20 July 2015
Updated form and guidance for use on or after 20 July 2015.
31 March 2015
Updated information.
30 January 2015
First published."

The initial wording of the form is the same as the previous one and they have just removed some duplicated questions

[silverman123]

Hi everyone
I think ebi got the updated news in wrong way.
But pretty sure that we will hear the good news very soon. .
But as you can the see @eubritish who got his extended family member application refused because his spouse is dual nationality.
Now the home office will consider his application again.
This is the second time we see this happening in this forum as it happened once before with Ron121 he was direct family member he was applying for his permanent residence.
Even if they haven't implemented lounes yet but for sure they know the OUTCOME OF ANY SIMILAR CASES LIKE LOUNES and nothing is in their favour at all.
Always remember the law is in our sides.
Keep update guys please.

[Branok]

Agree, good news is coming soon.

I have a pending EEA EFM application under Lounes so very excited to see that @eubritish application is being reconsidered.

[Adalba]

Good news guys
I am just about to apply.
Not sure SS route or as EEA/FM.
Will speak with a specialist solicitor tomorrow.
Hopefully one of the options will work.

[silverman123]

Wish you all the best @Adalba

[lajis]

Guys,

I have found written evidence under the freedom of information act from www.whatdotheknow.com, a UK charity that supports people in their FOI requests.

The link is as below:

https://www.whatdotheyknow.com/request/ ... C.doc.html

Please give your feedback. Hopefully, we will hear some good news soon.

Awan

Hi everyone,

I'm new to the forum. I just saw the post by @Awan and the link to HO's response on whatdotheyknow.com. I'm just wondering what everyone thinks about the authenticity of that response. I found it a bit wird that HO's response is in MS Word format (so essentially anyone can edit the response as they wish) . Do you guys think that response is fake or genuine?

[reynaldogr]

Dear lajis,

I can confirm the above mentioned letter is genuine as I received the same respond few days ago from an authorised home office’s email (public.enquiries@homeoffice.gsi.gov.uk) to my personal inbox, after a consultation I had made few weeks ago.

Br

[pusched]

This file has also been updated in April:

https://assets.publishing.service.gov.u ... s_v5_0.pdf

"British citizens who are also nationals of other EEA member states are not
considered to be ‘EEA nationals’ for the purposes of the Immigration (European
Economic Area) Regulations 2016 (the 2016 regulations). This applies whether or
not the dual national has always resided in the UK.

A family member of a dual national does not have a right of residence under the
regulations on the basis of their relationship to the dual national.

If they do not have a right of residence on any other basis under the 2016
regulations, they will need leave to enter or remain in the UK under the Immigration
Rules."

It doesn't seem like this has been updated, unless I am reading this incorrectly.