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

[kam999]

Thank you Maria, for the kind words.

Oneglasseyed, good stuff, you got it. I believe when you said non eu outside uk, you applied for family permit. if so, get ready for the RC battle. That will be fun

AlfaBeta123, did you get your answers or came to any conclusion? you got pretty interesting questions out there.

[oneglasseyed]

Thank you Maria, for the kind words.

Oneglasseyed, good stuff, you got it. I believe when you said non eu outside uk, you applied for family permit. if so, get ready for the RC battle. That will be fun

AlfaBeta123, did you get your answers or came to any conclusion? you got pretty interesting questions out there.

Hi Kam,

Yes my wife is non-EU & is currently living outside the EU. Any tips on the RC hurdle ahead? From your experience, what do we need to look out for?

[kam999]

Thank you Maria, for the kind words.

Oneglasseyed, good stuff, you got it. I believe when you said non eu outside uk, you applied for family permit. if so, get ready for the RC battle. That will be fun

AlfaBeta123, did you get your answers or came to any conclusion? you got pretty interesting questions out there.

Hi Kam,

Yes my wife is non-EU & is currently living outside the EU. Any tips on the RC hurdle ahead? From your experience, what do we need to look out for?

From my own experience, the family permit is the hard part, your follow up applications i.e. resident card predominantly depends on what you have provided in support of your permit application. I remember how scared I was when i submitted my family permit application, I had 4 large folders with me to prove our relationship , . Nonetheless, present your case with all the relevant supporting documents, living together, joint accounts, some billings on the same address. Most importantly what they see I think is how genuine your relationship is and obviously you exercising treaty rights. there is pretty straight forward documents they are looking for, have a look at the case workers guidance notes for UK residence card, it will be handy at the time of your application. I might would say start piling-up your pay slips or HMRC relevant letters and many other documents but according to your timings it is safe to say that your spouse will go under pre-settled status and as per HO recent guidance, it will be very easy and straight forward procedure. So all your preparations or my/anyone's recommendations might be irrelevant. Therefore, I think wait a month or two after the possession of your spouse' family permit and once HO new system go live submit your application. You know your case better but HO might keep an eye on you because of your success so don't give them any reason to refuse your application again, I totally understand how frustrating it is. Good luck mate.

[bmrpl]

Hi All,

On a slightly different note, was anyone applying for PRC for a non-EU spouse and a non EU-step child perhaps?
I'm dual national (EEA & British) since March 2017. My wife's and stepdaughter's RP expire in couple of months time. I was thinking to apply for both of their PRC's and then for my wife's BC straight away. Once we get her British passport sorted, my stepdaughter will be automatically entitled to her British nationality according to the HO website. I need to mention that she will be 16 on November.

So my question is... Do I need to apply for step daughter's PRC at all? I know it's not compulsory to have one to be able to stay legally here in UK and once she's a child of a British person she gets her nationality sorted... Am I thinking correctly? Thank you

[CR001]

Hi All,

On a slightly different note, was anyone applying for PRC for a non-EU spouse and a non EU-step child perhaps?
I'm dual national (EEA & British) since March 2017. My wife's and stepdaughter's RP expire in couple of months time. I was thinking to apply for both of their PRC's and then for my wife's BC straight away. Once we get her British passport sorted, my stepdaughter will be automatically entitled to her British nationality according to the HO website. I need to mention that she will be 16 on November.

So my question is... Do I need to apply for step daughter's PRC at all? I know it's not compulsory to have one to be able to stay legally here in UK and once she's a child of a British person she gets her nationality sorted... Am I thinking correctly? Thank you

If step daughter is born aboard, she requires PR before she can apply for British citizenship. She has no entitlement to British citizenship if not UK born and there is not automatic retrospective entitlement either.

[bmrpl]

Hi All,

On a slightly different note, was anyone applying for PRC for a non-EU spouse and a non EU-step child perhaps?
I'm dual national (EEA & British) since March 2017. My wife's and stepdaughter's RP expire in couple of months time. I was thinking to apply for both of their PRC's and then for my wife's BC straight away. Once we get her British passport sorted, my stepdaughter will be automatically entitled to her British nationality according to the HO website. I need to mention that she will be 16 on November.

So my question is... Do I need to apply for step daughter's PRC at all? I know it's not compulsory to have one to be able to stay legally here in UK and once she's a child of a British person she gets her nationality sorted... Am I thinking correctly? Thank you

If step daughter is born aboard, she requires PR before she can apply for British citizenship. She has no entitlement to British citizenship if not UK born and there is not automatic retrospective entitlement either.

Thank you for clarification, yes she was born abroad. I was hoping to save some trouble with paperwork but it looks like I can't avoid it.

[oneglasseyed]

Hi All,

On a slightly different note, was anyone applying for PRC for a non-EU spouse and a non EU-step child perhaps?
I'm dual national (EEA & British) since March 2017. My wife's and stepdaughter's RP expire in couple of months time. I was thinking to apply for both of their PRC's and then for my wife's BC straight away. Once we get her British passport sorted, my stepdaughter will be automatically entitled to her British nationality according to the HO website. I need to mention that she will be 16 on November.

So my question is... Do I need to apply for step daughter's PRC at all? I know it's not compulsory to have one to be able to stay legally here in UK and once she's a child of a British person she gets her nationality sorted... Am I thinking correctly? Thank you

If step daughter is born aboard, she requires PR before she can apply for British citizenship. She has no entitlement to British citizenship if not UK born and there is not automatic retrospective entitlement either.

Hi CR001,

Does the same rule apply in the following scenario & do we need a PR before child's BC application?:

- Child born abroad after EU Dad became UK citizen
- Mum non-EU/UK
- Both moving to UK imminently, after EEA FP (hopefully)

Cheers

[CR001]

Hi All,

On a slightly different note, was anyone applying for PRC for a non-EU spouse and a non EU-step child perhaps?
I'm dual national (EEA & British) since March 2017. My wife's and stepdaughter's RP expire in couple of months time. I was thinking to apply for both of their PRC's and then for my wife's BC straight away. Once we get her British passport sorted, my stepdaughter will be automatically entitled to her British nationality according to the HO website. I need to mention that she will be 16 on November.

So my question is... Do I need to apply for step daughter's PRC at all? I know it's not compulsory to have one to be able to stay legally here in UK and once she's a child of a British person she gets her nationality sorted... Am I thinking correctly? Thank you

If step daughter is born aboard, she requires PR before she can apply for British citizenship. She has no entitlement to British citizenship if not UK born and there is not automatic retrospective entitlement either.

Hi CR001,

Does the same rule apply in the following scenario & do we need a PR before child's BC application?:

- Child born abroad after EU Dad became UK citizen
- Mum non-EU/UK
- Both moving to UK imminently, after EEA FP (hopefully)

Cheers

1. You should post your questions in the BRITISH CITIZENSHIP sub forum please.

2. Children born abroad AFTER a parent has naturalised as British is automatically British by descent.

[oneglasseyed]

Hi All,

On a slightly different note, was anyone applying for PRC for a non-EU spouse and a non EU-step child perhaps?
I'm dual national (EEA & British) since March 2017. My wife's and stepdaughter's RP expire in couple of months time. I was thinking to apply for both of their PRC's and then for my wife's BC straight away. Once we get her British passport sorted, my stepdaughter will be automatically entitled to her British nationality according to the HO website. I need to mention that she will be 16 on November.

So my question is... Do I need to apply for step daughter's PRC at all? I know it's not compulsory to have one to be able to stay legally here in UK and once she's a child of a British person she gets her nationality sorted... Am I thinking correctly? Thank you

If step daughter is born aboard, she requires PR before she can apply for British citizenship. She has no entitlement to British citizenship if not UK born and there is not automatic retrospective entitlement either.

Hi CR001,

Does the same rule apply in the following scenario & do we need a PR before child's BC application?:

- Child born abroad after EU Dad became UK citizen
- Mum non-EU/UK
- Both moving to UK imminently, after EEA FP (hopefully)

Cheers

1. You should post your questions in the BRITISH CITIZENSHIP sub forum please.

2. Children born abroad AFTER a parent has naturalised as British is automatically British by descent.

Thanks for the advice CR001. Will post in the correct sub forum next time

[lcyprusforme18]

Hi - I am seeking some advice

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]

Please continue in your topic you have started in the EEA Route sub forum.

eea-route-applications/dual-citizenship ... l#p1691321

[E Li]

My husband was born in the UK, his farher is british, mum is dutch.
He is a british citizen and also has Dutch nationalilty.
At the moment he only has Dutch passport, doesn’t have british passport. As he moved to Holland when he was a child and changed his surname.

I’m non-EEA, married to him in 2012.
I got eea family permit in 2013 and eea residence card in 2014.
We are trying to applying EEA PR now. Fill in the application form and memtion he is also british citizen.
Is it our case same as Louse case?
Can we still get EEA PR?

[kam999]

My husband was born in the UK, his farher is british, mum is dutch.
He is a british citizen and also has Dutch nationalilty.
At the moment he only has Dutch passport, doesn’t have british passport. As he moved to Holland when he was a child and changed his surname.

I’m non-EEA, married to him in 2012.
I got eea family permit in 2013 and eea residence card in 2014.
We are trying to applying EEA PR now. Fill in the application form and memtion he is also british citizen.
Is it our case same as Louse case?
Can we still get EEA PR?

hi E Li,

Looking at your posts it seems that you have already sent your application. As per your details your case can fall under Surinder Singh route. However, if i were you I would add an explanatory cover letter with the application and leave it to HO to decide under what category they will process it i.e. Surinder Singh or Lounes, in the letter I would mention how long your husband has stayed and worked in Netherlands and how long in UK as this will be the core of your case, and the rest of the guidance is all in the caseworkers guidance notes which I believe you red and act accordingly. Be optimistic, (I think) your case cannot be refused just because it falls under Lounes or Surinder Singh but the rest of the facts should be straight forward and digestible to the caseworker. All the best.

[Cupcake567]

Hello All,

I have came across the “Free movements rights - direct family members of EEA national” document (you can find it here https://assets.publishing.service.gov.u ... PDF#page25).

Am I right saying that EEA national who will also obtain British citizenship can hold their EEA rights now, as per page 24 on the above document?

Im EEA, having permanent residence card, and my non-EEA husband only arrived to UK now on his Family Permit. I would like to apply for BC but I was hold back by previous regulations which stated I will lose my EEA rights once become BC. Does it mean that I can apply for BC now, based on a new law, and he can stay in UK based on my EEA rights?

Another concern is- should he apply for his Residence Card first and only after he gets one I should apply for BC or I can apply for BC even before he holds his REsidency card? His Family permit expires beginning of next year, can he apply for Residency Card now or he needs to wait until FP is about to expire?

Please help me to clarify the above as I am afraid that me applying for BC can mess up his rights in UK. Also, after obtaining Residence Card, after 5 years, he could apply for a Permamnet Residence Card or even British Nationality?

Any support would be much appreciated.

Thank you.

[nehaniran12]

Hi,


as per my understanding, this rule is just for 5 years EEA permit only?

My husband acquired non-EEA permanent residency in January 2016 and he already received his PR card as well. I became a British citizen on the 31st of October 2018, so does it mean that my husband lost his PR status? He still has not applied for naturalisation yet.

Please clarify this as he is going to Sri Lanka in May 2019, so I don't want him to get an issue at the airport.

thnk you

[Richard W]

My husband acquired non-EEA permanent residency in January 2016 and he already received his PR card as well. I became a British citizen on the 31st of October 2018, so does it mean that my husband lost his PR status? He still has not applied for naturalisation yet.

He keeps his PR status regardless of what you do.

He should, however, apply for settled status under the EU settlement scheme as soon as possible.

If you were to lose your EEA nationality as a result of becoming British, his PR status would be meaningful in the UK after Brexit only by the goodwill of the UK government; the exit agreement (if any) would not cover him.

[nehaniran12]

My husband acquired non-EEA permanent residency in January 2016 and he already received his PR card as well. I became a British citizen on the 31st of October 2018, so does it mean that my husband lost his PR status? He still has not applied for naturalisation yet.

He keeps his PR status regardless of what you do.

He should, however, apply for settled status under the EU settlement scheme as soon as possible.

If you were to lose your EEA nationality as a result of becoming British, his PR status would be meaningful in the UK after Brexit only by the goodwill of the UK government; the exit agreement (if any) would not cover him.

Thank you for your reply. My second nationality is German, which I can keep it because as per German law, I can have dual nationality if I take it before brexit(under European Union rules). I will apply for his settled status as soon as the link opens. Thank you again

[bmrpl]

Hi,

Do you mind me asking what is the purpose of applying for settlement status if we are already dual citizens?

My wife and step daughter (non EU citizens) applied for PRC last week with intention of getting BC as soon as that will be approved.

I thought having British passports will finish all that visa and home office malarkey

Thank you

[nehaniran12]

Hi,

Do you mind me asking what is the purpose of applying for settlement status if we are already dual citizens?

My wife and step daughter (non EU citizens) applied for PRC last week with intention of getting BC as soon as that will be approved.

I thought having British passports will finish all that visa and home office malarkey

Thank you

Settled status for my husband who is holding PR(under EEA rules) and he hasn’t applied for naturalisation yet.

[bmrpl]

Aren't these valid through the whole transition period which is until the end of 2020 or 21?

[richiesuk]

Dear all,


I am a dual citizen (British, Hungarian obtained British citizenship in 2012) and have a Peruvian wife.
I was living in UK till June (for 12 yrs) and before that we applied for a settlement visa but we made a small mistake with the language exam and we failed. (She did not do the IELTS exam for immigration purposes, but she got the 4.5 average rage score, above the required)

In the meantime I got a job opportunity in Malta from Jul, for 9 months and I took it , we moved to Malta and my wife got a job since August as well, we have our maltese resident cards, so we can prove that we started a genuine life here, not just being here for the Surinder Sighn route. (we thought that will be impossible to do considering brexit is really closeby)

I have just came across this new law and now we would consider moving to UK.
Solicitor weblink removed

does this mean she can get easily the EEA family permit or shall we apply thru Surinder Sighn route?
We would be in Malta at the time of the application.

thanks a lot,
Regards,

Richard

[Richard W]

Aren't these valid through the whole transition period which is until the end of 2020 or 21?

Under present plans, yes, PR will remain valid through the transition period - though the Immigration Minister (Caroline Nokes) has recently declared that there won't be a transition period if there is no Brexit agreement. But what would she know? (Not a lot, it seems.) More worryingly, it is beginning to look as though the EU settlement scheme won't be generally available before Brexit.

[iibdii]

Dear All,

I have been reading the forums but my case is slightly different so not sure where i stand.
I was given EEA family permit in jan 2014.
Thing is my unmarried partner has been dual national (irish & british) since birth due to good friday agreement.
Did initial consultation from a local lawyer who says it must have been issued in error.
We were both in for interview before it was granted after establishing we were in relationship since 2008. The application i dont think was before the McCarthy ruling but i had my application put in for Certificate of approval for marriage way before 2009. Have a 4 year old child as well.
Can i still go for EEA PR route? Or do i need to look else where?
Im just 4 years shy of 20years residency route.
Please help
Omer

[richiesuk]

dear all,

could anybody comment on this?

thanks

Richard

Dear all,


I am a dual citizen (British, Hungarian obtained British citizenship in 2012) and have a Peruvian wife.
I was living in UK till June (for 12 yrs) and before that we applied for a settlement visa but we made a small mistake with the language exam and we failed. (She did not do the IELTS exam for immigration purposes, but she got the 4.5 average rage score, above the required)

In the meantime I got a job opportunity in Malta from Jul, for 9 months and I took it , we moved to Malta and my wife got a job since August as well, we have our maltese resident cards, so we can prove that we started a genuine life here, not just being here for the Surinder Sighn route. (we thought that will be impossible to do considering brexit is really closeby)

I have just came across this new law and now we would consider moving to UK.
Solicitor weblink removed

does this mean she can get easily the EEA family permit or shall we apply thru Surinder Sighn route?
We would be in Malta at the time of the application.

thanks a lot,
Regards,

Richard

[nehaniran12]

Please, someone, reply...

so, I'm an EEA, had EEA PR. Last month I became a British citizen. Now my question is: my mother has extended family non-EEA permit(5 years one), which expires in June 2019. Does this mean she lost her status because I became a British Citizen? this is freaking me out now as this concept is confusing me