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

[CR001]

Can members posting in this thread please post their timelines in the PR timeline that already exists!!

Where is this tread CR001?

eea-route-applications/pr-processing-ti ... l#p1635594

[ariskar]

I am a triple citizen, UK and 2x EEA (Greece + Romania).

I hold EEA(PR) since October. 2016, which I used to naturalise as BC, in early 2018.
I have been married to my spouse since Aug 2015.
My spouse has been (lawfully) in the UK since 2012 (6 years) with different visas: pg. student + refugee and is currently on 5-year refugee leave to remain due to expire in April 2019.

Can I apply for EEA(PR) or upcoming settled status for her on the basis of my bestowed and certified permanent resident status (qualifying person), proven by the EEA(PR) certificate, on the basis of exercising treaty rights as an EEA citizen, extending my status to my family member (spouse)?

Would the spouse have to be continuously resident in the UK for over 5 years or married with the EEA spouse for over 5 years?

[CR001]

I am a triple citizen, UK and 2x EEA (Greece + Romania).

I hold EEA(PR) since October. 2016, which I used to naturalise as BC, in early 2018.
I have been married to my spouse since Aug 2015.
My spouse has been (lawfully) in the UK since 2012 (6 years) with different visas: pg. student + refugee and is currently on 5-year refugee leave to remain due to expire in April 2019.

Can I apply for EEA(PR) or upcoming settled status for her on the basis of my bestowed and certified permanent resident status (qualifying person), proven by the EEA(PR) certificate, on the basis of exercising treaty rights as an EEA citizen, extending my status to my family member (spouse)?

Would the spouse have to be continuously resident in the UK for over 5 years or married with the EEA spouse for over 5 years?

She will only qualify 5 years from the date of marriage (PR in August 2020 then), as has been advised in your previous topic.

eea-route-applications/non-dependent-sp ... l#p1626611

In your other topic, you advised her 5 years refugee leave was expiry soon, which means she would qualify for ILR on Set(P) if she meets the requirements.

indefinite-leave-to-remain/set-protecti ... l#p1624750

[reynaldogr]

Can members posting in this thread please post their timelines in the PR timeline that already exists!!

Where is this tread CR001?

eea-route-applications/pr-processing-ti ... l#p1635594

it is too general! i rather keep on feeding this tread with our particular cases (Non EA / Dual Nationals / Lounes Case)

[CR001]

Can members posting in this thread please post their timelines in the PR timeline that already exists!!

Where is this tread CR001?

eea-route-applications/pr-processing-ti ... l#p1635594

it is too general! i rather keep on feeding this tread with our particular cases (Non EA / Dual Nationals / Lounes Case)

Kindly post timeline updates in the timeline topics, that is what they are there for. I did not say you cannot post in this topic but if it becomes a 'timeline update' topic (yes some members don't know how the forum works and post anywhere and everywhere), then this topic will be locked.

[silverman123]

@CR001
Thanks for let us know where to post our timeline.
So do you want us to delete our timeline in this forum or you just meant from now on we have to post our timeline in there?

[silverman123]

Dear moderator and friends.
Just quick question if you have any answers
I sent my application for permanent residence just yesterday.
But my wife who is dual nationals eu/uk on maternity
She started her maternity from jan 2018 go back to work jan 2019.
But she will be back to work on October 2018 because this when the maternity income will stop after 9 months.
Is that can effect my application??!!
I just want to double check.
Many thanks in advance

[Branok]

Dear Branok
Thanks you very much for your update.
We are all here desperate for good news.
So do you think he will be able to apply for his permanent residence under lounes after 5 years?
Many thanks in advance

It's a standard BRP issued with no restrictions mentioned on either card or approval letter.
I don't think you will have any problems with PR and that they will treat dual nationals (who has exercised treaty rights in the UK) the same as single EEA nationals.

[salu]

Dear CR001,
Thank you for moderating this thread. I understand your general point about there being designated topics for sharing timelines. But I am not sure I understand what you are suggesting us to do to avoid this topic being closed. To post both there and in the designated processing time for permanent residence?

Initially, around the time I was preparing my PR application in January, I was checking that topic as much as this one. But since our applications (based on Lounes, for PR) are currently "on hold", I truly do not see how my timeline is going to inform someone under different circumstances. Equally, the timeline of a 'regular' PR application is probably not informative to us. I understand that personal circumstances vary a lot, but I really think we are quite 'niche', us affected by Lounes.

Please clarify what we have to do to keep this topic open. Reading this gives me hope during this rather long wait, and I am very grateful to everyone sharing their experience here.

Hope to be able to share good news soon...

#

Where is this tread CR001?

eea-route-applications/pr-processing-ti ... l#p1635594

it is too general! i rather keep on feeding this tread with our particular cases (Non EA / Dual Nationals / Lounes Case)

Kindly post timeline updates in the timeline topics, that is what they are there for. I did not say you cannot post in this topic but if it becomes a 'timeline update' topic (yes some members don't know how the forum works and post anywhere and everywhere), then this topic will be locked.

[reynaldogr]

Can the passports (EA national and Non EA passports), be requested once the application is received without affecting the process?? Thinking of don't have my and my wife passports to be hold until a decision is taking (up to 6 months). If this is the case, how this can be requested?

Br

Reynaldo

[eubritish]

Can the passports (EA national and Non EA passports), be requested once the application is received without affecting the process?? Thinking of don't have my and my wife passports to be hold until a decision is taking (up to 6 months). If this is the case, how this can be requested?

Br

Reynaldo

https://www.gov.uk/visa-documents-returned

[reynaldogr]

thanks a lot

[silverman123]

@reynaldogr
@kam999
@chaoscontrol
@salu
@eubritish
Hope you are OK guys.
Did you hear any news from HO or across the Internet?
I can't see any updates online
Many thanks.

[reynaldogr]

no news from me mate!

[kam999]

Hi silverman,

I hope you are well mate. Nothing yet. I do visit this page at least once a day and you see there is no activity, in fact i cannot see much anywhere else either in regards to our situation. Good to hear from you though.

[salu]

No news from me, either...
other than I requested my passport back a couple of days ago (not sure how useful it will be for travelling, given that my current residence expires soon).
@reynaldogr: did you get it back?

As you, I'm checking daily. The freedom from info request from a recognised immigration barrister on the internal HO guidance to handle cases affected by the Lounes ruling is overdue since 2 weeks...

Please post if you hear anything!

[chaoscontrol]

no news from me aswell guys .. it is 2 months gone now since we posted our PR application to HO .

trying to read through internet every day including answers on popular question-answer website , but it looks like HO is not movig things at all ...

no updates to `regulations 2016` for now ..

if anybody see or hear something let us all know please !

because it is getting like an obsession ..

[reynaldogr]

from the other forum trail i can see that normal PR applications are taking 3.5 to 4 months to be processed. My wife submitted her application 1.5 months ago we are still below the target respond. Has anyone in this forum reach this time line or near to it? the oldest one will definitely be the one to focus on and have our fingers crossed for!

[ariskar]

Has any spouse of dual EEA-UK citizen successfully applied and obtain PR through EEA(PR) route after the Lounes case?

[silverman123]

@ariskar
It happens once in this forum with someone called Ron121.
They refused his application for permanent residence then Ron121 appeal against home office descition.
Then Home Office withdrawal their decision once again and reconsider his application and they issued him his permanent residence.
Home office does not want to court any more for similar cases like lounes as they will lose it and they will lose their man power Coast as well.
Therefore i thinks they put us all on hold until they implement in uk law.

[salu]

I think normal timelines don't apply to our cases - which was what I was originally hoping for.
Seems like our applics are indeed on hold. I sent applic. in late Jan, +4 months and counting...

[silverman123]

@salu
I agree on your viewpoint.
Also i was hoping that Home office will release the policy or note to caseworkers as the home office promised the barrister on 22 of May. But they didn't even bother to reply his inquires anymore.
However they should release a note to caseworkers to deal with our cases even if they will take longer to implement lounes in uk law.

[reynaldogr]

Hi Salu! then you are the first in the queue mate! any news lets us know!

[kam999]

I was reading an old post on WDTK and in one of the post HO representative responded that only those TCN fall under TA whom sponsors acquired Dual nationality prior to TA which is July 2012... What I am saying is those representative either have very limited knowledge or they discourage you so you can apply under immigration rules. At the moment as you can see the prominent response so far is that they will amend the eea reg and implement the Lounes ruling by the middle of this year. No doubt all cases are on hold. The big question is to what extend they are going to amend the regulations. And frankly I think as yet people who got their decisions good/bad are in a better position as they can appeal and fight because nothing is implemented and Lounes could be used by analogy, but once ruling is implemented in our favour or against us, we will have to abide by it. Nonetheless, timing was not our friend back then (when McCarthy messed it up) and neither it is now when Lounes is the only hope and HO is delaying it while Brexit is around the corner. I read somewhere that HO can only implement the ruling once the law comes from the parliament so maybe we should more focus on parliament taking decision on Lounes implementation as nothing really is in HO hands (I don’t know how this system works).

And lastly, I have seen many active members on this thread in the past and some names remained while mostly disappeared. I am not sure if people moved on once they got their applications results or they became silent or discouraged. I would like to appeal to everyone who is a silent reader and was once an active member of this thread please share your views your solicitors/friends comments so we can feel the strength of us and to find out how many are out there who are affected by this, as for now I think there are only 4 or 5 people who are active and restlessly waiting for the HO answer. I am not running this form/thread but those who come only to get answers, you are welcome, but please share your stories it might help many others.

Kr

[silverman123]

Hi @kim999
Good to hear from you mate!
I have seen the HO response about people who covered by TA. 2012
But still the home office gives people the easiest answer they have.
Let me give you an example.
Few days ago someone in this forum already received his Residence Card under dual nationality.
And maybe lounes him self who knows!
Those people when they will apply for their permanent residence card they should face the same problem of The TA ONCE AGAIN IN FUTURE.
Which it doesn't make any sense because the judgement has ended this.
People who already exercised their treaty rights in UK they can naturalised with fair on their family member.
They should change all these restrictions once again.
Macarthy will still apply but only for those who never exercised their treaty rights.
And thanks for your updates guys.
Happy to see you gathering once again.