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I want to ask you. In 2015 after 10 months awaiting for EEA2 Residence Card for my wife -non EU, Home Office refused , the reason is fact that I have dual citizenship. I am Polish and from 2014 British.
We appeal to the First Tier Tribunal and still waiting for the trial.In October this year will be 2 years of awaiting for EEA2 , so we don't want to apply for visa for my wife as a British member family . Home Office gave us a lot of stress. My wife had a miscarriage. We scare to travel outside UK to see our family.What we can expect from First Tier Tribunal?do we have a chance for EEA2 Residence Card?We appealed by human rights.
Did anyone had similar situation?

dawiddm wrote:I want to ask you. In 2015 after 10 months awaiting for EEA2 Residence Card for my wife -non EU, Home Office refused , the reason is fact that I have dual citizenship. I am Polish and from 2014 British.
We appeal to the First Tier Tribunal and still waiting for the trial.In October this year will be 2 years of awaiting for EEA2 , so we don't want to apply for visa for my wife as a British member family . Home Office gave us a lot of stress. My wife had a miscarriage. We scare to travel outside UK to see our family.What we can expect from First Tier Tribunal?do we have a chance for EEA2 Residence Card?We appealed by human rights.
Did anyone had similar situation?

Most unfortunate situation.

Dual nationals who are British and also EEA are only considered to be British in UK by HO - for immigration purposes.
A BC resident in UK cannot exercise treaty rights nor sponsor family uner EU rules (unless they have completed Surinder Singh route).

There is a transitional arrangement whereby if an EEA national (/dual national) sponsored a family member and the dependent had a RC (at a certain date in 2012) the BC can still be treated as an EEA national;
ie EU rules can still apply.

Did wife have such a RC in or before 2012

Ref case law:
https://www.gov.uk/government/uploads/s ... w_v2_0.pdf
- see page 20

Good luck.

PS I realise you are stressed & upset but do, kindly, refrain from posting multiple, repeated messages everywhere.

Thank you for your answer . I am new here.Before we applied for EEA2 my wife had a Student Visa.

noajthan wrote:PS I realise you are stressed & upset but do, kindly, refrain from posting multiple, repeated messages everywhere.

Thank you for the link to HO.

dawiddm wrote:Thank you for your answer . I am new here.Before we applied for EEA2 my wife had a Student Visa.

In that case its most unfortunate but I don't think you can sponsor your wife under EU rules.
HO will only consider you to be a BC.

noajthan wrote:

dawiddm wrote:Thank you for your answer . I am new here.Before we applied for EEA2 my wife had a Student Visa.

In that case its most unfortunate but I don't think you can sponsor your wife under EU rules.
HO will only consider you to be a BC.

McCarthy C-434/09
In the ECJ case of McCarthy the court stated that a person who holds the nationality of the
host member state and has never exercised their right of free movement and residence:
but I have moved from Poland to UK in 2006 , my all family is in Poland , I was working and study in Poland ,
so maybe mi situation is different than someone who never moved? what do you think?

dawiddm wrote:McCarthy C-434/09
In the ECJ case of McCarthy the court stated that a person who holds the nationality of the host member state and has never exercised their right of free movement and residence: but I have moved from Poland to UK in 2006 , my all family is in Poland , I was working and study in Poland ,so maybe mi situation is different than someone who never moved? what do you think?

Hence my question:
Did wife have a RC in or before 2012

Then you could invoke the transitional arrangement whereby an EEA national (/dual national) who sponsored a family member and the dependent had a RC the BC can still be treated as an EEA national;
ie EU rules can still apply.

noajthan wrote:

dawiddm wrote:McCarthy C-434/09
In the ECJ case of McCarthy the court stated that a person who holds the nationality of the host member state and has never exercised their right of free movement and residence: but I have moved from Poland to UK in 2006 , my all family is in Poland , I was working and study in Poland ,so maybe mi situation is different than someone who never moved? what do you think?

Hence my question:
Did wife have a RC in or before 2012

Then you could invoke the transitional arrangement whereby an EEA national (/dual national) who sponsored a family member and the dependent had a RC the BC can still be treated as an EEA national;
ie EU rules can still apply.

My wife never had RC , she had a student visa when we applied for EEA2 to Home Office.

dawiddm wrote:

noajthan wrote:

dawiddm wrote:McCarthy C-434/09
In the ECJ case of McCarthy the court stated that a person who holds the nationality of the host member state and has never exercised their right of free movement and residence: but I have moved from Poland to UK in 2006 , my all family is in Poland , I was working and study in Poland ,so maybe mi situation is different than someone who never moved? what do you think?

Hence my question:
Did wife have a RC in or before 2012

Then you could invoke the transitional arrangement whereby an EEA national (/dual national) who sponsored a family member and the dependent had a RC the BC can still be treated as an EEA national;
ie EU rules can still apply.

My wife never had RC , she had a student visa when we applied for EEA2 to Home Office.

Before we applied to HO for EEA2 we went to the immigration law lawyer . I told him I have dual citizenship. He told us we allowed to apply for EEA2 because first I am Polsih and I have moved to UK.