Page 1 of 3
I become British(dual nationality)
Posted: Thu Sep 22, 2016 2:42 pm
by marcsiga
Good afternoon All,
I tried to find some tread what relates to my case but still confused. I really need your HELP!!
Introducing my case:
2013 September my partner(Non EEA) got his EEA Family member residence permit until 2018 September. I was only Hungarian nationality at that time.
2016 June I become British. I have dual nationality. I never applied for PR before as it was still acceptable without PR to apply for British passport.
My questions are :
Now that I have dual nationality can We still apply in the future through the EEA route for my partners PR?
If We can , what category I belong to as a sponsor? Now that I have dual nationality but never had PR before am I in the Qualified Person category(point 2)?
Eligibility
You must normally have lived in the UK for a continuous period of five years as:
1. an EEA national ‘qualified person’ (worker, self-employed, self-sufficient, student or
jobseeker),
2. a family member or extended family member* of an EEA national qualified person or
permanent resident,
3. a former family member of an EEA national if you’ve retained your right of residence after
the EEA national died or left the UK, or your/their marriage or civil partnership ended in
divorce, annulment or dissolution, or
4. a family member of a British citizen who worked or was self-employed in another EEA state
before returning to the UK (‘Surinder Singh’ cases).
Dual citizenship is permitted under Hungarian Law.
I have my Hungarian passport and my British passport. When we'll do the application (I know it's still time left) will I need to send both of my passport (to prove my permanent residence /being British also/)?
Thanks for all of you taking time to read my post and looking forward for replies.
Re: I become British(dual nationality)
Posted: Thu Sep 22, 2016 3:07 pm
by Casa
Now that you are a British citizen you are no longer able to sponsor your non-EEA family member. Are they employed in the UK?
Re: I become British(dual nationality)
Posted: Thu Sep 22, 2016 3:21 pm
by marcsiga
Yes, my partner is working. Myself on maternity leave.
I assume from your reply..we won't be able to use the eea route regardless I have dual nationality?!
Re: I become British(dual nationality)
Posted: Thu Sep 22, 2016 3:28 pm
by Casa
No you won't. Unless your partner has already acquired PR automatically with you as the sponsor (before your BC), they will have to qualify in their own right.
Re: I become British(dual nationality)
Posted: Thu Sep 22, 2016 3:36 pm
by marcsiga
Thank You Casa for your time.
My partner has the eea family residence permit. What is going to happen with him now that I become British as well?
Is his permit going to be cancelled because of my dual nationality?
Re: I become British(dual nationality)
Posted: Thu Sep 22, 2016 4:01 pm
by Casa
There are others better placed to advise on the best way forward. How long were you sponsoring your partner in the UK before you were granted BC?
Re: I become British(dual nationality)
Posted: Thu Sep 22, 2016 4:11 pm
by marcsiga
We are together since 2010 May and applied for family residence permit in 2013 March and received it in 2013 September.
I become BC in 2016 June.(So for 2 years and 9 months I was only Hungarian)
Do you think he still has his rights to stay here and apply for PR after his 5 years completed?
Re: I become British(dual nationality)
Posted: Thu Sep 22, 2016 4:20 pm
by Casa
Stand by for advice from others. Fellow moderator noajthan is more knowledgeable in this area of immigration.
Re: I become British(dual nationality)
Posted: Thu Sep 22, 2016 4:44 pm
by noajthan
marcsiga wrote:We are together since 2010 May and applied for family residence permit in 2013 March and received it in 2013 September.
I become BC in 2016 June.(So for 2 years and 9 months I was only Hungarian)
Do you think he still has his rights to stay here and apply for PR after his 5 years completed?
Unfortunately, with a FP or RC dating from as late as 2013, your partner does not appear to qualify for the
McCarthy transitional arrangement which could have saved your bacon in such cases.
Someone who has become British is no longer considered to be an EEA national (in this context) and that's UK law even before
Brexit);
they can no longer sponsor a family member on the EU migration route on their journey towards PR.
Do you have children?
Suggest you also investigate option for your partner to jump ship and switch to a spouse visa under domestic UK regulations.
This may have to be done from outside UK (not sure).
Re: I become British(dual nationality)
Posted: Thu Sep 22, 2016 4:53 pm
by marcsiga
I am so upset and sad
( I regret that I become British. I thought me being Hungarian(and Hungary allows dual nationality as UK) and getting BC shouldn't be a problem for my partner because I still hold my Hungarian Passport.
Yes, we have a child(8 weeks young).
What shall We do now ?When we apply can't I use my hungarian nationalty?
Re: I become British(dual nationality)
Posted: Thu Sep 22, 2016 4:55 pm
by noajthan
marcsiga wrote:I am so upset and sad
( I regret that I become British. I thought me being Hungarian(and Hungary allows dual nationality as UK) and getting BC shouldn't be a problem for my partner because I still hold my Hungarian Passport.
Yes, we have a child(8 weeks young).
What shall We do now ?When we apply can't I use my hungarian nationalty?
It's unfortunate you were misinformed and got the timing wrong.
No, you can't rely on applying as a Hungarian because you are British too.
Having a child may help. Is she British? (She will be if born in UK after you became British).
Re: I become British(dual nationality)
Posted: Thu Sep 22, 2016 5:05 pm
by marcsiga
Yes, our child is British.
What are our options now? Any advice ? I dont want my husband to leave
((((
Re: I become British(dual nationality)
Posted: Thu Sep 22, 2016 5:11 pm
by marcsiga
Will it help if i give up my British nationality?
Re: I become British(dual nationality)
Posted: Thu Sep 22, 2016 5:14 pm
by noajthan
marcsiga wrote:Will it help if i give up my British nationality?
Not really. Because there will still be a gap when you were British.
Suggest investigate moving partner onto domestic route (family visa).
Re: I become British(dual nationality)
Posted: Thu Sep 22, 2016 5:26 pm
by marcsiga
my partner has his permit until 2018 september . Is that invalid now??
Re: I become British(dual nationality)
Posted: Thu Sep 22, 2016 5:32 pm
by noajthan
marcsiga wrote:my partner has his permit until 2018 september . Is that invalid now??
I assume you mean RC rather than FP.
Yes, its not a visa.
And the conditions under which it was issued have changed, holder is not the family member of an EEA national anymore (under UK law).
Re: I become British(dual nationality)
Posted: Thu Sep 22, 2016 5:41 pm
by marcsiga
is my husband illegal now that I become british?
(
Re: I become British(dual nationality)
Posted: Thu Sep 22, 2016 5:43 pm
by marcsiga
what application we must use to correct this mistake of mine?
Re: I become British(dual nationality)
Posted: Thu Sep 22, 2016 6:01 pm
by noajthan
marcsiga wrote:what application we must use to correct this mistake of mine?
You could look at switching to UK route, start here;
https://www.gov.uk/remain-in-uk-family/overview
Re: I become British(dual nationality)
Posted: Thu Sep 22, 2016 7:37 pm
by Richard W
marcsiga wrote:is my husband illegal now that I become british?
(
When did you marry, and when did your husband start to live in the UK? Up until now, replies have assumed that you and your husband were unmarried partners (at least, until he got his residence card) and that he did not have any right of residence until his residence card was issued.
There are a few unusual ways that his presence might be legal. For example, before he had a right of residence because of you, he might have been the family member of another EEA national. If his last trip abroad was to the Republic of Ireland, that
might have given him rights that survived your becoming British. The dates would be very important.
There is a case before the ECJ that is relevant - Toufik Lounes, Case C-165/16, where it is argued that an EU citizen who comes to the UK and naturalises, but retains their original EU nationality, retains their EEA rights. We may have a long wait for a decision. You probably have a stronger case, as your husband was already a family member when you became British.
Re: I become British(dual nationality)
Posted: Thu Sep 22, 2016 7:52 pm
by marcsiga
Dear Richard,
Thank you very much for reply.
My husband came in 2008 February on Student Visa.
We are together since 2010 May.
We applied in 2013 March for the RC and got it in 2013 September
2014 October finally we got married.
I become British on 2016 June.
I still have my Hungarian passport and have my rights.
What shall I do now? I am so upset since I started this topic..I just realized what an IDIOT I am.I risked my everything because of BC.
(
I was so sure that becoming a British and not giving up my Hungarian nationality wouldnt change the status of my husband.
Anything I can do?
Re: I become British(dual nationality)
Posted: Thu Sep 22, 2016 7:57 pm
by noajthan
Re: I become British(dual nationality)
Posted: Thu Sep 22, 2016 8:01 pm
by marcsiga
Thank You Noajthan,
Does it means that he is illegal now? Does he need to give up his job? Does he need to leave the country??
I am on maternity leave. We have an 8 weeks daughter.We have no family in this country.I can't afford him leaving us..
((((
Re: I become British(dual nationality)
Posted: Thu Sep 22, 2016 8:06 pm
by noajthan
marcsiga wrote:Thank You Noajthan,
Does it means that he is illegal now? Does he need to give up his job? Does he need to leave the country??
Its a grey area.
Hubby doesn't have a right to work.
Hubby may at some point be invited to leave but having a child helps and HO are not Philistines; they do follow due process.
As you are now married look into spouse visa.
How long before you can get back to work?
Re: I become British(dual nationality)
Posted: Thu Sep 22, 2016 8:12 pm
by marcsiga
I am on maternity leave until 2017 May.
So HO gonna contact husband that his RC isn't valid anymore?
I have no idea..can't imagine whats going to happen now..
((My world is destroyed ..I am an IDIOT!! i should have not applied to become British..Do you think if I give up that will help? I didnt give up my Hungarian nationality so i assume I still have the EEA rights and my husband has it as well..
Or it doesnt work like this?