Dual-citizenship born British query - spouse visa

[lcyprusforme18]

I am a born British citizen and have recently applied for Cypriot citizenship from descent (my family are all Greek Cypriot from Cyprus) both sets of grandparents born in Cyprus but my parents were born in UK. I should receive my citizenship by the end of October this month which will mean I will have dual UK-EU nationality.

I am in a long-term relationship with my boyfriend (been together 15 months) and we want to get married. He is a non-EU illegally in the UK. We have been living together since February 2018 and have bills and a tenancy agreement in both our names. I earn well over the £18,600 threshold and I am in full-term employment.

We are seeking advice on whether I am able to use my EU Passport (Cypriot) for his visa as a family member. I know that I am able to use my British passport for a spouse visa but I would like to know if we can apply via EEA route as an EU citizen seeking my non-EU spouse to reside with me in the UK as a family member. Any advice would be really helpful.

We plan to get married in either Cyprus or his home country soon.

Case law we have looked into is McCarthy, Zambrano, Metock and Lounes.

Many thanks!

[vinny]

I don’t think the above caselaws are helpful in your situation. However, have you looked at Surinder Singh?

[lcyprusforme18]

I have but wouldn't that mean living in another EU country?

We want to live in the UK. I need to know if I am able to use my EU passport given that I am originally a British Citizen?

thanks

[lcyprusforme18]

I don’t think the above caselaws are helpful in your situation. However, have you looked at Surinder Singh?

Vinny - will this apply after Brexit? We are 5 months away. Would we even have enough time to do this?
Say we went in January, could we apply via this route after 29th March if we were still living and working abroad in EU? Thanks!

[vinny]

I’m uncertain.

There may also be a problem with 9(4).

[lcyprusforme18]

I’m uncertain.

There may also be a problem with 9(4).

I have tried seeking legal advice. We paid for consultation with a lawyer and he is also uncertain so I am at a loss as to what to do...

[lcyprusforme18]

I’m uncertain.

There may also be a problem with 9(4).

Vinny - I have come across this website..
https://www.lauradevine.com/eu-nationals-brexit
It says that "The position of EU nationals and their family members will not immediately change after Brexit. As part of their negotiations, the EU and the UK have agreed that free movement will continue until 31 December 2020 (the ‘cut-off’ date). This means that (provided the EU and the UK agree a deal) EU nationals can continue to move to the UK on the basis of free movement."

Do you interpret that to mean Surinder Singh will apply until December 2020 provided me and my boyfriend get married before brexit so he becomes a family member? Or would it not matter that he is just my boyfriend?

[vinny]

Better married.

[thsths]

The general principle is that you are treated as a UK citizen in the UK, and EU law does not come into effect unless there is a "European dimension" to your history. Since you have only been living in the UK, that dimension is missing, and I think that may be the reason that you cannot find any case law in your favor.

Would you consider moving to an EU country? It is not trivial, but it could make things a lot easier.