Extended family - problems when obtaining BC?

[AlfaBeta123]

Dear all,

I'm hoping you are able to advise me on the following. I'm an EU national (who currently submitted my Britisch AN form, and awaiting decision). Prior to this, I've sponsored my husband (non EU member, through the EU route - Residence permit, Residence card, PR - BC) who gained now his British nationality.
Now a few years ago we (I) also sponsored my sister in law (non EU through the EU route, who now has a residence card for 5 years). My question is, when I obtain my BC, will my sister in law have any issues obtaining a PR and BC (because myself and my husband will have the BC nationality)

Hope to hear fro your advise.

Many thanks!

[secret.simon]

If you become a British citizen, you lose your ability to sponsor your sister-in-law under the EEA Regulations and her current immigration journey will be interrupted.

Delay your British citizenship application until she gets PR.

Her BC application will have noting to do with either your or your husband's status.

[AlfaBeta123]

Thank you kindly for your responds Secret Simon.

I would have considered if it was just a few months to a year for her to require PR, unfortunately it's another 2,5 years. With my husband and my children being British and the UK having started the brexit procedure - I'm keen to have my BC rather sooner than later (plus all the funds paid and used the checking services, it will be a rather expensive delay).

Not sure where I should address this, but what are the other options in case her PR get refused due to me becoming a BC? I''m hoping someone can guide me in the right direction. I'm aware this is in the near future; just rather be prepared.

Looking forward to your advise.

[Casa]

As you are no longer able to sponsor her once you have BC, she will have no legal right to remain in the UK

[AlfaBeta123]

Thank you kindly for your responds.

But does the UK not allow dual nationality; the EU country I'm from allows to keep me dual nationality as well. Would it not be possible for me to argue that I'm still an EU national, holding an EU passport and only applied for a BC due to the fact that Britain is exiting the EU in 2 years time and we don't know what the future will hold?
So worst case scenario; sister in law will be "rejected" once she applies for PR? Can either my husband or myself sponser her through the British system?

[secret.simon]

The UK allows dual nationality. But its interpretation of EU law is that EU law applies only to non-British EEA citizens in the UK. Once a person becomes a dual UK/EEA citizen, he is treated as a solely British citizen for the purposes of immigration law.

There are parallels with the "Master Nationality Rule" in international law. If you are a dual US-UK citizen, for example, within the US, you would be treated as a solely US citizen and would not have rights to UK consular support.

The UK interpretation in the first paragraph above is being reviewed by the ECJ/CJEU and a judgment is expected shortly.

sister in law will be "rejected" once she applies for PR?

If you acquire BC before your sister-in-law acquires PR, she will have no legal right to reside in the UK and so will be rejected for PR.

Can either my husband or myself sponser her through the British system?

No, the UK system makes it very difficult for adult dependent relatives to move to the UK.

[AlfaBeta123]

Thank you all for the valuable information. We didn't think this through!!! Very annoyed at ourselves.
I'll have a look at the links provided.

So for her to go back (is a no no option, already suffering from depression; her parents are in France with her other brother, no one back home to go back to). I'm sorry for being cheecky and ask you to point me in the right directions; but she owns a business (director of company). Is there any route that she can use by herself to remain to stay in the UK (came to the UK on Student Visa, didn't finish degree after).

As I've already submitted everything, and paid for everything (CJAP), what if they decide in the next few weeks. Can I delay (provide them the reason) the ceremony for a whilst (2 years).
Really can't afford to loose almost 1,5K!

OMG - i feel sooo stupid for what we have done. Honestly didn't think this would have impact on her.
Have any of the other members gone through something similar? We made a desc ion on the whole brexit thing. Would be easier for me to go in the same que when boarding planes with the family etc.

Desperate for a solution. Please help by guiding me int he right direction.
Thanks you!

[AlfaBeta123]

And also,
I've noticed in an article they mention that “Under EU law you don’t need a document to confirm your residence status in the UK.
“If you’re planning to apply for a document just to confirm your status, you can sign up for email alerts instead.
“These email updates will let you know about developments that might affect you, including the steps that you may need to take to confirm your status in the UK after we leave the EU.”

So, my sister in law would (if I not tell her this information) know. Can she just not apply for a PR, after those 5 years. I guess only then they might find out that I have become a BC?

Just thinking of options I know it's in the future.....

[AlfaBeta123]

Can someone please advise please!

[koagiri02]

wait and see with this new automatic resisdence for EU that theresa may is about to impliment, she might be lucky

[vinny]

There's also a forthcoming Judgment.

[AlfaBeta123]

Hello there,

Wondered if there was any further information on this topic released by either the judgement or Theresa May's plan.


Looking forward to your responds.

[AlfaBeta123]

A few months down the line and the situation is still the same There must be many other people in the same boat?

[allenboo]

Hi AlfaBeta. I want to ask what documents and process did you use to sponsor your sister in law. I want to go through the same process

[AlfaBeta123]

wait and see with this new automatic resisdence for EU that theresa may is about to impliment, she might be lucky

So here we are . I (unfortunately?!) did obtain my BC before she applied for PR. She is about to do this month. Very stressfull; as I'm not sure what will happen now. I don't want her to to be deported back to where she came from.

Does anyone know what the bottom line of the judgment was? Surely there will be people who are in the same position as myself?

I've even considered renauncing my BC; but they did say it's up to the Home Office discretion for it to give it back again (and I really don't want to take that risk

Your valueable advise/help is much appreciated. Even another way around to get her staying? She is self employed and has sufficient funds. Even something that we can do under British immigration law? Going back to the country where she is from (with no relatives, no one there) is a no no.

Hoping someone is able to shed some light in this dark tunnel

Looking forward to your responds.

[AlfaBeta123]

Doesn't anyone have any experience /advise on this case?

Or is it still a waiting game.....

[Obie]

Your wife can apply for residence card.The fact that you are a dual national will not affect that.

[AlfaBeta123]

I've been reading here and there...the Lounes case, will this be beneficial in my case?

[Richard W]

Yes, I believe that is what Obie was referring to. The forthcoming change to the regulations is referenced in the last page or two of the thread Do dual EU UK citizens have rights under EU law?

[AlfaBeta123]

Hi Obie,
it's my sister in law - extended non eea family memeber.