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

[silverman123]

It's the same things on home office Web site.
But it's on eea regulations.
I don't know if that's make any difference!!
Any opinion?

[eubritish]

As far as I can read, this all concerns EEA citizens who have permanent residence in the UK and have NOT become naturalized. That piece regarding implementation of Lounes is still 'pending' it says.

Maybe someone else can read some good news into it but I unfortunately don't. Not yet.

[pochaco]

Lounes coming into force 24 July:

http://www.legislation.gov.uk/uksi/2018/801/made

[eubritish]

Lounes coming into force 24 July:

http://www.legislation.gov.uk/uksi/2018/801/made

Thats awesome news! thanks a lot for sharing.

[kam999]

Lounes coming into force 24 July:

http://www.legislation.gov.uk/uksi/2018/801/made

Hi Pochaco,

Thanks a lot mate.

I would really appreciate if someone i.e. a moderate or with law knowledge can translate the relevant part into plain english from legal language, which is:

Regulation 9 (family members of British citizens)
3. In regulation 9—

(a)omit “and” at the end of paragraph (2)(b);
(b)after paragraph (2)(c), insert—
“(d)F was a family member of BC during all or part of their joint residence in the EEA State; and
(e)genuine family life was created or strengthened during their joint residence in the EEA State”.

and

Regulation 15 (right of permanent residence)
9. In regulation 15, in paragraph (4), for “unless that decision is set aside or otherwise no longer has effect”, substitute “or an order under regulation 23(5) (exclusion order) or 32(3) (deportation order), unless that decision or order, as the case may be, is set aside, revoked or otherwise no longer has effect”

thanks a lot guys, couple of more weeks and then we are gonna get our PRCs.

many thanks

[silverman123]

Great news guys!
But how did you know it will come on 24 of July i couldn't see it anywhere!!
Many thanks
Good news is, finally they changed the fact of the transnational provision agreement
Regulation 2
As eea who exercised their treaty rights then naturalised they still keep the Eu rights for their non families.
If we all still remember that the main problem was the EEA means European citizens expect British.
Still apply if you were born here dual nationality and never exercised their treaty rights out side UK (surinder singh) route
The new regulations 2
Includes the British but only who exercised their treaty rights in UK the naturalised.

Could someone explain permanent residence for dual nationality please ?
I didn't really get it.
However i will have a look at it when I come back from work.

[CR001]

Great news guys!
But how did you know it will come on 24 of July i couldn't see it anywhere!!

It clearly says when opening the link :

2018 No. 801
IMMIGRATION

The Immigration (European Economic Area) (Amendment) Regulations 2018
Made2nd July 2018
Laid before Parliament3rd July 2018
Coming into force24th July 2018

And below, first point.

Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Immigration (European Economic Area) (Amendment) Regulations 2018.

(2) These Regulations come into force on 24th July 2018.

(3) In these Regulations “the 2016 Regulations” means the Immigration (European Economic Area) Regulations 2016(4).

[Unluckyeea2]

Hi everyone ,
Thanks to all for updates . Thank You God .Good news .

[Richard W]

It's noteworthy that children will lose future EEA rights by being registered as British before they acquire permanent residence. EEA citizens who acquired British nationality as adults without having permanent residence or being a qualified person will also not benefit under this interpretation of Lounes.

[silverman123]

http://www.eearegulations.co.uk/Regs201 ... ulation_02

They updated lounes in eea regulations.
Check case law.

[silverman123]

Preservation of transitional provisions in relation to family members of dual nationals

http://www.eearegulations.co.uk/Regs201 ... chedule_06

My understanding is this transitional Provisions only for macarthy and not for us.

And non eu family member who hold valid residence card before 16 july 2012 still can still be treated as EEA.


But any opinion?

[silverman123]

9A. Dual national: national of an EEA State who acquires British citizenship

Regulation 15 ( righ of permanent residence) only applies to DN, or to the family member of DN who is not an EEA national, if DN satisfies the condition in paragraph (4).

So we are all qualified for permanent residence

[kam999]

9A. Dual national: national of an EEA State who acquires British citizenship

Regulation 15 ( righ of permanent residence) only applies to DN, or to the family member of DN who is not an EEA national, if DN satisfies the condition in paragraph (4).

So we are all qualified for permanent residence

Hi Silverman,

Yes, we are. My hunch is, we will get our PRCs after 24th of this month. Can't wait for that.

[AlfaBeta123]

Sorry for asking...

So, I'm an EU national, who obtained BC. Will my sister in law (my husbands's sister - who's here as a family member) benefit from this ruling as well? She currently has a RC, applying for a PR (however I've already obtained my BC )

[Richard W]

So, I'm an EU national, who obtained BC. Will my sister in law (my husbands's sister - who's here as a family member) benefit from this ruling as well? She currently has a RC, applying for a PR (however I've already obtained my BC

The Home Office seems to think so. If you had permanent residence when you acquired British citizenship, and have not since lost it, she is protected by the changes to the EEA Regulations in the Immigration (European Economic Area) (Amendment) Regulations 2018.

[silverman123]

https://www.gov.uk/government/publicati ... -nationals

[reynaldogr]

https://www.gov.uk/government/publicati ... -nationals

Excellent news though i just realised i had sent only my EA passport and not my British one (only a copy). This wouldn't be possible as it is the only mean i have to travel really (mainly for work). Not sure if this would be a straight application rejection or will be requested by the HO later on in the process of my wife's application for PR.
Why the HO will require both EA and British passport to be posted? Another total non-sense really! this could be easily check in their own UK boder data base system if they wish!

[silverman123]

Hi everyone.
Just quick question.
When i made my biometric few weeks ago at the post office they issued me a little ticket and they sticked it on the top of biometric letter.
But says on it
HOME OFFICE BRP!!!
is this right as i applied for permanent residence?
Did you guys get the same ticket from the post office?????
Waiting for your response please.

[kam999]

https://www.gov.uk/government/publicati ... -nationals

Excellent news though i just realised i had sent only my EA passport and not my British one (only a copy). This wouldn't be possible as it is the only mean i have to travel really (mainly for work). Not sure if this would be a straight application rejection or will be requested by the HO later on in the process of my wife's application for PR.
Why the HO will require both EA and British passport to be posted? Another total non-sense really! this could be easily check in their own UK boder data base system if they wish!

Our applications were sent prior to this free movement rights updated version which means we should be covered as they can request additional documents i.e. British passports, if they want. Then again, it is HO so I would rather send a cover letter with my spouse's British citizenship ceremony letter as she did not even applied for B.passport. Seniors! Please shed some light.

[silverman123]

Hi @kam999 and friends
Could you please help me with my question i mentioned above?

[BubbleGum16]

Hi everyone.
Just quick question.
When i made my biometric few weeks ago at the post office they issued me a little ticket and they sticked it on the top of biometric letter.
But says on it
HOME OFFICE BRP!!!
is this right as i applied for permanent residence?
Did you guys get the same ticket from the post office?????
Waiting for your response please.

Hi, don't think you need to worry about this. I got the same. Think BRP is some sort of initials for confirmation of collection of Biometric info? I've done my biometric enrolment in June and I just got a confirmation letter of my PR status today.

[reynaldogr]

Hi @kam999 and friends
Could you please help me with my question i mentioned above?

What a BRP is
You’ll get a biometric residence permit (BRP) if you:

apply to come to the UK for longer than 6 months
extend your visa to longer than 6 months
apply to settle in the UK
transfer your visa to a new passport
apply for certain Home Office travel documents

https://www.gov.uk/biometric-residence-permits

[reynaldogr]

Hi everyone.
Just quick question.
When i made my biometric few weeks ago at the post office they issued me a little ticket and they sticked it on the top of biometric letter.
But says on it
HOME OFFICE BRP!!!
is this right as i applied for permanent residence?
Did you guys get the same ticket from the post office?????
Waiting for your response please.

Hi, don't think you need to worry about this. I got the same. Think BRP is some sort of initials for confirmation of collection of Biometric info? I've done my biometric enrolment in June and I just got a confirmation letter of my PR status today.

are you a Lounes case? that was quick

[BubbleGum16]

Hello everyone, I've been following this thread for a while and its up and downs and worries and reliefs, all kinds of emotions - think everyone here knows.

Anyway, just an update regarding my case, and spread some positive vibe here. I'm a non-eea national and my husband is Romanian. We got married in 2011. I applied my EEA2 in December 2011 but got some problem for some reason (long story short, there was no response for 8 month. Then HO just returned all my docu and said the application was cancelled). We ended up hired an immigration lawyer and re-applied EEA2. I got my EEA2 Residence in July 2013 (yes it took me more than 1.5 years to get that sorted), which is expiring July 2018.

Since then, our timeline:
- Husband received PR in August 2016
- Husband applied British Citizenship in September 2017
- Husband attended Citizen Ceremony in February 2018 (He officially became a dual EU-UK citizen)
- Husband got British Passport on 12 March 2018

I applied Permanent Residence via the EEA route in May 2018:
- 18 May: posted the application
- 23 May: HO took the £65 fee
- 31 May: received an email informing my case number
- 6 June: letter asking me for Biometric Enrolment, which I did within 2 days
- 25 July: letter confirming my Permanent Residence status, saying that my PR card will be arriving separately in 10 days

With regards to the application:
- I have NOT mentioned lounes case, haven't included any regulations or newspaper printout regarding the judgement either.
- I have not written any cover letter either. Just sent the completed application form and all the supporting document
- I have included Husband's British Citizenship Certificate within the application
- I have stated that Husband has British Citizenship in the application form

Of course I've included all the other supporting documents like council tax bills, bank statement, our marriage certificate, our child's birth certificate etc.

So hopefully this will bring some positive vibe here. I do hope everyone who's still in the process best of luck and a smooth process. (I know the stress and especially in this uncertain time). There's light in the end of the tunnel. xx

[BubbleGum16]

Hi everyone.
Just quick question.
When i made my biometric few weeks ago at the post office they issued me a little ticket and they sticked it on the top of biometric letter.
But says on it
HOME OFFICE BRP!!!
is this right as i applied for permanent residence?
Did you guys get the same ticket from the post office?????
Waiting for your response please.

Hi, don't think you need to worry about this. I got the same. Think BRP is some sort of initials for confirmation of collection of Biometric info? I've done my biometric enrolment in June and I just got a confirmation letter of my PR status today.

are you a Lounes case? that was quick

Just shared my case in detail here. The above post. x