Transitional agreement follows on whom?

[jamesloson]

Hi Everyone,


I have heard about the recent change on Dual EEA British family members. I have a simple question, my wife became British just 3 months ago and I had a residence card issued before 16th october under family member of EU national.

Will this effect on my status or I am covered under transitional agreement.

As Home Office:

Transitional arrangements
Transitional arrangements were put in place following amendments to the regulations in
July 2012, which allowed family members of dual EEA and British citizens who had already
relied upon a right of residence as the family member of that dual national to continue to
enjoy a right of residence where the conditions set out below were met.

Persons residing in the UK on 16 July 2012
Persons already residing in the UK on 16 July 2012 as family members of dual EEA and
British citizens, and who held a valid registration certificate or residence card confirming
this right on 16 October 2012 will continue to be treated as the family member of an EEA
national for as long as they continue to be the family member of that dual national.


This arrangement also applies where a person had a right of residence on this basis on 16
July 2012 and had submitted an application for a document confirming this right on or
before 16 October 2012. Such persons will continue to have a right where a document is
subsequently issued on the basis of this application.

So would above statement implement on me as I have a residence card before 16th October 2012..

[jamesloson]

Please guys advice me as I am unsure about this agreement.

[jamesloson]

Dear al Gurus,

Can you all please advice me If I am fall under this criteria or not.


Thanks in advance

[noajthan]

Dear al Gurus,

Can you all please advice me If I am fall under this criteria or not.


Thanks in advance

From the dates/timeline you have stated it appears you are covered by the transitional arrangement as you had a RC at the relevant time; (assuming you are still married to same person & that exercising treaty rights/residency in UK have not been broken due to absences since 2012).

[jamesloson]

Hi Noathajan, I would like to say big thanks for resolving my querry. Just to make sure when I was issued residence permit in 2012, I was issued under EU basis and my wife was holding only EU Passport. She just became british citizen three months ago.

Would it make any difference if our relation breaks down in between till 2017? Apart from this we are having a happy married life, asking for just information.

[noajthan]

Hi Noathajan, I would like to say big thanks for resolving my querry. Just to make sure when I was issued residence permit in 2012, I was issued under EU basis and my wife was holding only EU Passport. She just became british citizen three months ago.

Would it make any difference if our relation breaks down in between till 2017? Apart from this we are having a happy married life, asking for just information.

My understanding is as per the paragraph you quoted, particularly:

... who held a valid registration certificate or residence card confirming this right on 16 October 2012 will continue to be treated as the family member of an EEA national for as long as they continue to be the family member of that dual national.

So as long as you remain in married harmony with the 'trouble and strife' then all good.