Wife holding EU and British Passport

[jazzsingh1985]

Well in the end, I found the conclusion from Home Office.

As per home office, your visa only revoked when EU national surrender or lose the nationality as acquiring British Nationality.

It won't effect on non eu national if EU national can allow to have both nationalities on same time and if your residence card issued under EU Law at that time.

Its a great beneficial having Dual nationality, that you don't need to wait another year for BC after getting PR. You can apply straight away as soon as you get your PR card or you can make Naturalisation application straight away as soon as you complete 5 years. Make sure you need to provide strong evidence, documents bit complex but time saver.

ONLY Disadvantage, EU national will be treated as BC national for future immigration application.

Many thanks for your kind response.

Have a good day all

[noajthan]

Well in the end, I found the conclusion from Home Office.

As per home office, your visa only revoked when EU national surrender or lose the nationality as acquiring British Nationality.

It won't effect on non eu national if EU national can allow to have both nationalities on same time and if your residence card issued under EU Law at that time.

Its a great beneficial having Dual nationality, that you don't need to wait another year for BC after getting PR. You can apply straight away as soon as you get your PR card or you can make Naturalisation application straight away as soon as you complete 5 years. Make sure you need to provide strong evidence, documents bit complex but time saver.

ONLY Disadvantage, EU national will be treated as BC national for future immigration application.

Many thanks for your kind response.

Have a good day all

Good job - pleased for you.

[minion]

hi jazzsingh1985
I am in same situation as you. When you wrote to HO did they provide any specific details regarding your case.
Any remarks from Law,like under article this and that. Any information will be appreciated
Thanks

[jazzsingh1985]

hi jazzsingh1985
I am in same situation as you. When you wrote to HO did they provide any specific details regarding your case.
Any remarks from Law,like under article this and that. Any information will be appreciated
Thanks

Hi Minion,

I didn't get anything in writing, because I have emailed them and they said I need to go back to my own country and reapply under british law which doesn't make sense to me.

I have called home office many of times but they never keep their words and kept saying different everytime. I spoke to Mathew in Home office this morning, he said from the time your wife became british she didn't exercise her treaty rights so that's means I am not supposed to here under EU LAW. If she surrender her nationality then I can be able to stay here but 5 years time period will be start again.

What I did, I have called home office several times and I have recorded calls for my own safety where they completely said I don''t need to change any category and I can apply PR after 5 years. So do this unless you got grounds to stand on if they refuse your visa

[jazzsingh1985]

Hey Minion, can you please tell me your timeline aswell. As we are in the same boat so might we help each other some how.



Keep in touch and good luck

[jazzsingh1985]

Hi Obbie,

Its still unclear, as you said I am falling under transitional but Noathajan disagreed with you. So what will be the right answer?

[jazzsingh1985]

As Far I found, it covers who had applied before 16th July 2012.

The amendment itself notes that an EEA national will now be defined as a national of an EEA state ‘who is not also a United Kingdom national’. Whilst the rest of the regulations come into force on 16th July 2012, this amendment only is held back until 16th October 2012.

This is subject to transitional provisions contained within Schedule 3. In certain circumstances, all tied to the fact that a person had a right as of 16th July 2012 under the regulations and had either been issued papers or was awaiting a decision, the old definition will still apply (which did not exclude dual nationals).

[Obie]

Hi Obbie,

Its still unclear, as you said I am falling under transitional but Noathajan disagreed with you. So what will be the right answer?

My views have always been clear from the start of this thread and it remains unchanged.

I see no reason why I should have to keep restating it.

This thread is becoming a huge headache, with the constant notification. .

I might lock it soon aswell.