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Does my naturalisation affect my non EEA parents?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Samelamin
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Posts: 361
Joined: Wed Oct 06, 2010 9:41 am
Location: 161
Sudan

Does my naturalisation affect my non EEA parents?

Post by Samelamin » Sat Mar 17, 2018 7:30 pm

Hi

I am a non EEA family member currently on a permanent residence, my wife is a EU national who also holds a PR. Both of which were issued mid 2017. I have also been the sole provider for my non EEA parents for the past 2 years. I have evidence of funds being sent to them consistently during this time


My question is fairly simple but I cannot find an answer online.

In the event that I obtain a British citizenship while my wife remains as an EU national exercising treaty rights. Does it revoke the rights of my parents who are technically dependant on us and as such EEA family members?

If I become a BC, does that revoke their rights under EU law? or do they still remain dependant family members since their situation did not change
EEA 4 applied - 15th November 2015
COA received - 18 Jan
Application Refused: 15th of April
Appeal: 16th of April
Reconsideration Letter sent: 16th April
Reapplied EEA 4: 24th October 2016
Payment Taken: 28th October 2016
RC: 23 May 2017

Samelamin
Member of Standing
Posts: 361
Joined: Wed Oct 06, 2010 9:41 am
Location: 161
Sudan

Re: Does my naturalisation affect my non EEA parents?

Post by Samelamin » Sun Mar 18, 2018 7:19 pm

Can any of the admins post any advice on this?
EEA 4 applied - 15th November 2015
COA received - 18 Jan
Application Refused: 15th of April
Appeal: 16th of April
Reconsideration Letter sent: 16th April
Reapplied EEA 4: 24th October 2016
Payment Taken: 28th October 2016
RC: 23 May 2017

Samelamin
Member of Standing
Posts: 361
Joined: Wed Oct 06, 2010 9:41 am
Location: 161
Sudan

Re: Does my naturalisation affect my non EEA parents?

Post by Samelamin » Mon Mar 19, 2018 1:21 pm

Any one can help on this at all?
EEA 4 applied - 15th November 2015
COA received - 18 Jan
Application Refused: 15th of April
Appeal: 16th of April
Reconsideration Letter sent: 16th April
Reapplied EEA 4: 24th October 2016
Payment Taken: 28th October 2016
RC: 23 May 2017

Samelamin
Member of Standing
Posts: 361
Joined: Wed Oct 06, 2010 9:41 am
Location: 161
Sudan

Re: Does my naturalisation affect my non EEA parents?

Post by Samelamin » Mon Mar 19, 2018 8:53 pm

Admins I really could use some help

Surly someone has been in my situation before
EEA 4 applied - 15th November 2015
COA received - 18 Jan
Application Refused: 15th of April
Appeal: 16th of April
Reconsideration Letter sent: 16th April
Reapplied EEA 4: 24th October 2016
Payment Taken: 28th October 2016
RC: 23 May 2017

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alterhase58
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Posts: 8277
Joined: Fri Aug 26, 2016 12:02 am
Location: UK Bucks
Germany

Re: Does my naturalisation affect my non EEA parents?

Post by alterhase58 » Mon Mar 19, 2018 10:47 pm

I am no expert in this area or have any experience either but first question would be where are your parents based? If I read this correctly they are in your home country? Your wife is an EU citizen with yourself as family member.
This document may provide answers (unless you have it already: https://www.gov.uk/government/uploads/s ... s-V5_0.pdf
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

Samelamin
Member of Standing
Posts: 361
Joined: Wed Oct 06, 2010 9:41 am
Location: 161
Sudan

Re: Does my naturalisation affect my non EEA parents?

Post by Samelamin » Tue Mar 20, 2018 8:58 am

Thanks but this is document does not indicate whether the rights change if the direct son (myself) gets citizenship while the EU national(my wife) remains exercising treaty tights
EEA 4 applied - 15th November 2015
COA received - 18 Jan
Application Refused: 15th of April
Appeal: 16th of April
Reconsideration Letter sent: 16th April
Reapplied EEA 4: 24th October 2016
Payment Taken: 28th October 2016
RC: 23 May 2017

Samelamin
Member of Standing
Posts: 361
Joined: Wed Oct 06, 2010 9:41 am
Location: 161
Sudan

Re: Does my naturalisation affect my non EEA parents?

Post by Samelamin » Tue Mar 20, 2018 7:57 pm

Hello Admins

Can you help ?
EEA 4 applied - 15th November 2015
COA received - 18 Jan
Application Refused: 15th of April
Appeal: 16th of April
Reconsideration Letter sent: 16th April
Reapplied EEA 4: 24th October 2016
Payment Taken: 28th October 2016
RC: 23 May 2017

secret.simon
Moderator
Posts: 11258
Joined: Thu Feb 21, 2013 9:29 pm

Re: Does my naturalisation affect my non EEA parents?

Post by secret.simon » Tue Mar 20, 2018 11:06 pm

There is a reason why nobody is answering your question; nobody knows (for sure anyway).

Lounes (which was only recently decided) may have a role to play, but this kind of an issue may require a law case (quite expensive at the best of times) to wind its way through the court systems here and possibly in Europe before a certain answer can be produced.

What we can do on these forums is speculate based on our limited knowledge of the law, but it would be just that; speculation.

Also see thread on almost identical question that did not come to any specific conclusion.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Samelamin
Member of Standing
Posts: 361
Joined: Wed Oct 06, 2010 9:41 am
Location: 161
Sudan

Re: Does my naturalisation affect my non EEA parents?

Post by Samelamin » Wed Mar 21, 2018 11:13 am

Yes I had that impression that its a difficult question to answer

Thank you for the link, I shall read up on it

However in the event that I do apply I will update this thread let people know the outcome
EEA 4 applied - 15th November 2015
COA received - 18 Jan
Application Refused: 15th of April
Appeal: 16th of April
Reconsideration Letter sent: 16th April
Reapplied EEA 4: 24th October 2016
Payment Taken: 28th October 2016
RC: 23 May 2017

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