Held FLR(M) then obtained EEA passport - need to notify HO?

[Daseca]

Hi

I held a Tier 5 YMV from October 2013 to September 2015, then was granted FLR(M) in October 2015 (valid until 2018).

I inherited EEA (Hungarian) citizenship at birth but was only finally able to actually obtain my Hungarian birth & citizenship certificates in November 2015, then a passport in January 2016 due to administrative delays.

My question is do I need to do anything in terms of notifying the Home Office? I assume the fact I can now prove my EEA nationality 'supersedes' the FLR(M) in my NZ passport? Just from a practical perspective their electronic records would show I need to have LtR etc. IIRC there are no 'exit' checks at the UK Border but in any case I'm just mindful of not flagging up as an overstayer anywhere once my FLR(M) expires and I have no need to renew it.

Cheers

[Amber]

See here (click).

[Daseca]

Thanks for the link.

It does seem to suggest applying for a Transfer of Conditions to your BRP if you have a change in nationality. This has a fee of £183 though so I'm a little reluctant to pay that when as an EEA citizen I shouldn't have to hold a valid BRP - or at least only pay £65 for a registration certificate! Could a BRP even be issued with 'Hungary' as the nationality?

I know they're not particularly reliable but I gave the Home Office a quick call on their general numbers. The 'European nationals' line essentially just passed me over to the Visas & Immigration line, who then basically referred me back to the European line... but they did essentially say as long as everything on your BRP tied to your NZ passport is valid you don't need to do anything unless you want to 'switch' to the EU route (presumably applying for a registration certificate).

So slightly confused. Very reluctant to pay £183 for a ToC, but I could be open to paying the £65 for a registration certificate, at least to discharge any obligations I have to notify the Home Office and hopefully tie up their records to make clear I'm an EEA citizen.

[CR001]

You don't need to pay TOC.

If you want to start the EU route on your EU passport, your 5 year clock towards PR will commence from date of passport issue etc.

You could apply for the RC and HO would likely just update their records.

[Daseca]

Thanks CR001.

[Richard W]

You don't need to pay TOC.

So far as I am aware, the OP is a New Zealand/Hungarian dual national, and has always been one. The OP only needs to report the change if the nationality information supplied has become "false, misleading or incomplete". However, it would be unfair to demand that the OP apply for a new BRP, for I do not believe it could show both New Zealand & Hungary as the countries of nationality.

If you want to start the EU route on your EU passport, your 5 year clock towards PR will commence from date of passport issue etc.

Surely the PR clock started when the OP started working in the UK. The OP has always been Hungarian (it just wasn't immediately demonstrable), and a 'qualified person' under the EEA regulations does not need to hold an EEA identity document to be such. On the other hand, to be present for the initial 3 months without being a 'qualified person', one has to hold an EEA identity document.