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

[silverman123]

Hi @kam999
First many thanks for sharing your thoughts with me.
I think you got confused in some point.
Because my wife applied for her permanent residence in Feb 2017 she received in Feb 2017(same month)
With a letter from HO says you are qualified for permanent residence since Feb 2015.
Because she entered uk as worker in Feb 2010.
I think HO were trying to say you don't have to wait 12 months to naturalised.
She applied for her British citizenship in October 2017.
She received confirmation in November 2017
But her ceremony was in jan 2019(it took a bit of time to attend her ceremony)
So she became dual nationality in jan 2018
Jan 2018 she went on maternity leave.
Maternity is for 12 months but they pay her for 9 months only.
I applied after i completed my 5 years of marriage
Which it was in may 2018
My solicitor have sent all evidence
Such as
Bank statements
Tenancy agreement.
Child benefits.
5 years P60s.
Letter from her job confirming that she is still working for them.
Confirmation of her maternity.
Utility bills.
Certificate of marriage.
Annual taxes
Alot of staff cannot remember all of it.
So they are aware that my wife is still on maternity and her maternity not finished yet.
I have spoken to many solicitors over the phone plus all moderators in this forum confirmed me that she still a qualified person even if she is on maternity.
I'm wondering how they managed to do a mistake such as this one.
Unless if the case worker is not even aware what maternity means!!!
Or maybe something was wrong in application but even though they should refuse my application.
Not giving me another 5 years.
However many thanks yo everyone who is trying to think loudly with me in this forum.
I'm hoping they will tell us why this happened.
And hopefully it just a mistake no more.
Could you please what section 3 says.....???
And i will double check with my solicitor.
Thanks kam

[silverman123]

Forgot to say
Yes we sent her permanent residence and i received her British citizenship.

[silverman123]

[quote=silverman123 post_id=1663962 time=1532973257 user_id=190398]
Forgot to say
Yes we sent her permanent residence and her British citizenship.

[kam999]

Hi Silver,

1) What i was trying to say, as per EEA reg latest section 9A, your wife should continue exercising treaty rights after acquiring Dual nationality (which in your case started from Jan 2018) and I was not sure where they stand at maternity leave which you now clarified.

2) I was talking about section 3 of the application form you filled out for your permanent residence card, like I said a silly one but it could happen.

[Unluckyeea2]

Hi everyone !
Thank you for updates .
@Kam99 you mean 24th July 2018 EEA regulation covering Lounes case for dual EEA /British citizens need to continue exercise treaty rights even after completing exercising treaty rights for five years then receiving DCPR then naturalising as British citizen and becoming dual EEA/British citizen ? After completing exercising treaty rights for five years then aquering DCPR and no need to be qualified person for EEA regulation purpose to sponsor non EEA family members is only for none dual only EEA nationals?That mean if dual national stops working then he is not qualified person and can no longer sponser non EEA family members ?

Thanks for everyone for your help .

[kam999]

Yes Unlucky, that's what i understood. Dual national has to retain the right of permanent residence and exercise treaty rights until their TCN FM acquires PRC. May be seniors can explain and correct me as well if I did not get it right. Regardless, it should not effect Silver's case.

[Richard W]

1) What i was trying to say, as per EEA reg latest section 9A, your wife should continue exercising treaty rights after acquiring Dual nationality (which in your case started from Jan 2018) and I was not sure where they stand at maternity leave which you now clarified.

I believe you're referring to Regulation 9A(2):

2) DN who comes within the definition of “qualified person” in regulation 6(1) is only a qualified person for the purpose of these Regulations if DN—
(a) came within the definition of “qualified person” at the time of acquisition of British citizenship; and
(b) has not at any time subsequent to the acquisition of British citizenship lost the status of qualified person.

It is very rare for a dual national who became British as an adult to be a qualified person but not a permanent resident. The normal path is

qualified person > permanent resident > British citizen

or

family member > permanent resident > British citizen

On these routes, the person who is excluded by the regulation will be someone who lost permanent residence after gaining British citizenship. They will not regain their EEA privileges until they have regained permanent residence.

I believe the main group excluded by Regulation 9A(2) will be those who were registered as British before the age of 5.

[Richard W]

On these routes, the person who is excluded by the regulation will be someone who lost permanent residence after gaining British citizenship. They will not regain their EEA privileges until they have regained permanent residence.

And they can only regain permanent residence as a family member! Subtle!

[marcsiga]

Hi All,

I am a silent reader of this forum.
We are about to apply for PR end of this month.

I applied for BC in 2016 October and naturalised i 2017 May and received passport in 2017 June.

I came to UK in 2006 and working since then. I didnt apply for Permanent Residence Card (so I dont have one)after living/working here 10 Years applied for BC starightaway. (Now I am Hungarian-British)

Will that cause an issue when we are applying for PR for my Husband?

[marcsiga]

I am sorry I got the date wrong. Applied for BC in 2015 and got it in 2016.
Past 2 Years i am worrying (but I am sure many of you know this feeling)

[kam999]

And they can only regain permanent residence as a family member! Subtle!

Received with thanks.

[reynaldogr]

Hi all!

I’m glad confirm my wife just got her Biometric Residence Card (type of permit: Permanent Residence), and the card expires in 10 years! I assume this is only due to the fact, that as of every other document. Eg. driving licence, then is required to update the photo, and the rest of the information if necessary. I reckon this expiration date, is nothing to do with the validity of her status as such, as this is permanent.

The BRC was delivered by a currier that works for the HO named DX, and it was a recorded delivery so it requires your signature and prove of identity to be handed over. We have received, in a separate royal mail post, but on the same day, the rest of the documentation we have sent for the app, inc our passports, my EU permanent resident blue card, and also a letter from the HO confirming the permanent residence status and also stating that if she has a BC spouse, she could apply for her BC straight away.

To summarise my case, my wife was not covered by the transitional arrangements, she got her Non EU spouse of an EU, RC valid for 5 years (expiring on Sept -2018). She joined me in the UK in Jan 2013 and appied for this RC in March 2013, and received the vignette in her passport on Sept 2013. Soon after I acquired my Permanent Residence Status (feb 2014), and the year after I regrettly became BC (apr-2015).

Our app time line was as follow:

Application sent : 23/04/2018
HO received the Application: 24/04/2018
Payment taken: 25/04/2018
Email confirmation: 30/04/2018
Biometric letter: 02/05/2018 (dated: 27/04/2018)
Biometric enrolled: 06/05/2018
C.O.A letter received: 17/05/2018 (dated: 14/05/2018)
PR Card and rest of the documents, received: 02/08/2018

I never mentioned the lounes case, but i have stated that I was BC in the section where they asked about the EU national sponsoring the app, other nationalities.

Thanks for all the participants on this forum that have helped me cope with the stress of this situation for all these months. In fact me and my wife, realised about all this mess we got ourselves into, back in sept 2016, even before lounes case happened. We just had decided at the time to continuing hoping everything would have ended well. Which it finally was the case .

Good luck to everyone that are still waiting for their decisions! Hope it all end up well for you too!

I hope all this information answers all the questions you may have.

Br

Reynaldogr

[marcsiga]

Wow Reynaldogr!!! A very big congratulations to u and wife!!!!

Thank u for all ur updates on this forum , it did helped us a lot

[chinouk]

I have been watching this forum and immigrationboard since 2012, Today I received my PR finally. Applied in 1st June, so took 2 months. I did mention Lourne case in my cover letter and my partner renunciation British citizenship and 14 months gap. It seems more and more Dual Nationality case get approved. Thank you everyone for the advice and help. Good luck.

[ebi]

My PR application approved yesterday will get the card within 10 days...
All the best ans luck for all applicant

[kam999]

Reynaldogr, Chinouk, Ebi,

Congratulations to all of you and all the best. Some of us are still waiting and I can't wait to write a positive message once approved by HO.

[silverman123]

Reynaldogr, Chinouk, Ebi
Congratulations guys

So happy for you.
You all deserve it after long time of panic.
Hopefully i will hear good news soon.
Good luck all.

[kam999]

Reynaldogr, Chinouk, Ebi
Congratulations guys

So happy for you.
You all deserve it after long time of panic.
Hopefully i will hear good news soon.
Good luck all.

Hi Silver,

I just saw this thread yesterday and thought abt you:

eea-route-applications/eu-pr-not-qualif ... 60554.html

[Unluckyeea2]

Hi everyone !
Thanks to all for updates and sharing stories .

@reynadogr ,ebi and Chinouk congratulations all of you guys and thank you for good news .please dear friends what kind of supporting documents eg utility bills joint bank accounts tenancy agreement did you submit with application and got approved ?
@silverman any updates from your lawyer? hope he will sort out soon . we are all waiting good news .

Thank you all .

[silverman123]

Thanks kam for your help.
I went through the link you have sent me.
Yeah that's exactly what came in my mind in the first place that because my wife on maternity leave i got another 5 years.
But the funny thing is that my wife acquired permanent residence already even before she goes on maternity.
And let's say that she has to continue to exercise her treaty rights until i got my permanent residence.
Maternity im count towards my permanent residence. She still receives maternity pay from her job.
The case worker has no clue of they doing.
And his wife was a job seeker for 8 months.
My wife never stop working since 2010.
Therefore home office issued her her purple card then blue card. Then permanent residence. Then became a British citizen.
Even when i call the home office customers services they told me as long as she is in maternity she still qualified person.
The remaining questions is how I'm going to get out of this !!??
I. Will submit another application let's see what they will say this time.
At least i can take them court in case of any refuse.
However I'm not 100% sure why they issued me another 5 years.
Didn't hear anything from them yet.
Many thanks kam.

[kam999]

You are welcome mate, see what's ur solicitor's take is on ur situation. As I mentioned previously once settled status goes live it will be quicker and easier but I myself would rather go for PRC and switch it later. Keep us posted.

[silverman123]

Dear moderator and friends let's say i wait until home open the settle statues on March 2019
Is this going to be the same rules like permanent residence???
Or they are going ti have new rules?

[silverman123]

Still didn't get what difference between both
Settled status and permanent residence.
I know both you can live in uk permanently.
Buy my question is
Home office didn't issue me my permanent residence (let's say they don't like maternity people or because i didn't wait until my old residence card expires ) so why they will issue me settle status? Am i facing the same problem again when i apply for settle status?
Or settle status has new and easier way???
Any answers!!?
Many thanks

[Richard W]

I applied for BC in 2016 October and naturalised i 2017 May and received passport in 2017 June.

I came to UK in 2006 and working since then. I didnt apply for Permanent Residence Card (so I dont have one)after living/working here 10 Years applied for BC starightaway. (Now I am Hungarian-British)

Will that cause an issue when we are applying for PR for my Husband?

You acquired PR in 2011, and I believe it is what qualified you to be naturalised. You will have not lost it, so this should cause no issue.

Your husband will not apply for PR; he will apply for a PRC. There is a subtle difference, though it is quite significant in the new EU part of the Immigration Rules, as I have just remarked today in James2000's Surinder Singh topic.

[marcsiga]

Hi Richard,

Thank you for ur reply. (I did take in count ur words 2 Years ago and I waited, so I did not had to give up BC although I was very ready, panicked so much) u did give me hope

I did look into the link.. and the immigration rules what u highlithed but I dont really get it.. I guess I will need to read it again and again..
for PRC do we need a different Application form?

Thank you for ur reply and time

Maria