I become British(dual nationality)

[noajthan]

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?

HO is unlikely to contact you out of the blue (its not a police state). And noone will come bashing down your door.

I can't see how giving up your hard-earned citizenship can help too much now. Hubby's PR clock is stopped now and reset to zero.
There's unlikely to be time for hubby to acquire PR in normal way if UK follows through and completes Brexit.

If you are mobile you could think about relocating to another member state and starting a business;
that would be one way to regain your EU rights and a way back to UK under Surinder Singh rules (after 6 or 9 months).

And you get to remain British, same as your child so 2 of you are still accounted for.

Ofcourse it may be challenging logistically and unless you have some capital at your disposal.

[marcsiga]

Thank you for ur reply.
I will look into it. I just can't think right now. I messed it up big time (
I still can't believe that being British also I just messed our hard earned RC(that also was a very complicated case)

[noajthan]

Thank you for ur reply.
I will look into it. I just can't think right now. I messed it up big time (
I still can't believe that being British also I just messed our hard earned RC(that also was a very complicated case)

Don't be too hard on yourself.
Presumably you had no advice or advisor to rely on.

Sleep on it - where there's a will there's a
way.
For example, hubby becomes house-husband; you go back to work - shoot for spouse visa.

[Richard W]

So HO gonna contact husband that his RC isn't valid anymore?

I don't recall any reports of that sort of thing happening. Communication within the Home Office is poor.

I think it is quite likely that he will be able to carry on until his RC expires in 2018. Then, if he applies for PR, expect trouble. In principle, there could be an attempt to confiscate 2 years salary as 'the proceeds of crime' - or the HO might apply the lenient attitude normally taken in EEA matters.

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?

The Court of Justice of the European Union has been asked a very similar question. We are waiting for the answer. Until then, the British EEA Regulations seem to make it clear that, except for transitional arrangements which you are too late for, you lost your specifically EEA rights when you became British. (It's not clear whether you would retain PR if you renounced British citizenship.) It's possible that the European court will rule that your husband is legal.

[marcsiga]

Thank you Richard.

That sounds much better.Unfortunately I was ignorant not doing my research before i applied to become British, that how will that affect my husband. i assumed that me not giving up my Hungarian nationalty and being also british wont make any changes towards my husband's status. I am waiting now for further changes in law. i really hope things will turn out good. We just bought our first home last year.Now we have a baby a lovely dog..I can't afford being without my husband.
I am praying that I get some solution to this.
Thank you very much again(You gave me HOPE Richard)

[marcsiga]

DMC (Croydon), Home Office 8 July 2016
Dear Madam,





Thank you for your email correspondence of 23 June. I am sorry for the
delay in replying to your email.



Please be informed that your application for British Citizenship will not
affect your husband residence as a non EEA family member of an EEA
national. He will be eligible to submit an application for Permanent
Residence under EEA Regulation on completion of the 5 years qualifying
period as per current regulation. 5 years qualifying period commences
from the date of issue of the Residence Card.



With regards to what happens if you do not attend Citizenship ceremony, I
have forwarded tour enquiry to the Nationality team who will respond to
you.



I hope this information is helpful.



Yours faithfully,





John Robson

UK Visas and Immigration

I found this while I was searching..
This is a recent situation..
Same as mine

[noajthan]

DMC (Croydon), Home Office 8 July 2016
Dear Madam,





Thank you for your email correspondence of 23 June. I am sorry for the
delay in replying to your email.



Please be informed that your application for British Citizenship will not
affect your husband residence as a non EEA family member of an EEA
national. He will be eligible to submit an application for Permanent
Residence under EEA Regulation on completion of the 5 years qualifying
period as per current regulation. 5 years qualifying period commences
from the date of issue of the Residence Card.



With regards to what happens if you do not attend Citizenship ceremony, I
have forwarded tour enquiry to the Nationality team who will respond to
you.



I hope this information is helpful.



Yours faithfully,





John Robson

UK Visas and Immigration

I found this while I was searching..
This is a recent situation..
Same as mine

Somebody with an ongoing naturalisation application is not yet British - they are still EEA only and still able to sponsor family members.
My understanding is you are British already.

Definition of an EEA national
The definition of EEA national in regulation 2(1) of the Immigration (European Economic Area) Regulations 2006 was amended on 16 July 2012 to exclude EEA nationals who also hold British citizenship.

This means a British citizen who also holds the nationality of another EEA member state cannot sponsor a family member under the regulations, ...

https://www.gov.uk/government/uploads/s ... w_v2_0.pdf

[marcsiga]

Please be informed that your application for British Citizenship will not
affect your husband residence as a non EEA family member of an EEA
national.

I become British in 2016 June..and the girl who posted the thread , her application for BC has been approved in 2016 June.After that she raised this question about her husband's residence.

confused ...

Many thanks

[noajthan]

Please be informed that your application for British Citizenship will not
affect your husband residence as a non EEA family member of an EEA
national.

I become British in 2016 June..and the girl who posted the thread , her application for BC has been approved in 2016 June.After that she raised this question about her husband's residence.

confused ...

Many thanks

1) Read above case law and its declaration about BCs.

2) HO advisors can be unreliable.

3) Post link to topic you are referring to so it can be seen whether relevant.

[Casa]

Are you sure she didn't raise it prior to becoming a British citizen? Hence the unanswered question about 'what would happen if she failed to attend the ceremony' (the point when she would become a BC).

[marcsiga]

https://www.whatdotheyknow.com/request/ ... ing-862586

[noajthan]

https://www.whatdotheyknow.com/request/ ... ing-862586

This seems full of errors;
it does not reflect the case law and UK EEA Regulations (quoted above).

[noajthan]

Here's a similar case:
http://www.immigrationboards.com/indefi ... 16962.html

[pochaco]

Hungarian nationality law allows that the spouse of a Hungarian national who is also a parent of a child who is Hungarian national could apply for Hungarian citizenship after 5 years of being married without the need of ever having lived in Hungary.

You got married in 2014. You two have a child who is Hungarian national by law. (In order to register your child as such you first might need to register your marriage in Hungary.) In theory in 2019 your husband could apply for Hungarian nationality. He would have to pass a basic test about Hungarian culture and language, similar to the Life in the UK test. If Britain is still member of the EU in 2019 perhaps he could legalise his status as a Hungarian citizen.

[marcsiga]

Thank u Pochaco,
I am strongly considering to renounce my British citizenship! But I have to do my research how will that affect us as family! I will try the Hungarian route also as u explained to me. I ll do my research! The most important thing i can not live without my husband. We have our baby(she is 8 weeks) and we have a dog! It would be absolutely nightmare for us. I seriously don't understand how I could do this mistake. I did looked on home office website and found nothing which would clearly explain that I will lose my rights as EEA national once I become British as well. Hungary allows dual nationals and on website said Uk allows dual national and I have to check with my own country. I am sure many people are facing this problem. Ordinary people like myself thinking having dual nationality will make it better. Now I risked my family life because of this! I wish I could return back time. I would h e just applied to be a PR in this country and not a BC. Being BC (since 2016June) benefit me nothing but destroyed my life what I build up so difficult!
I should say a very big thanks for all of u trying to help me to get to some solution.

[Richard W]

Here's a similar case:
http://www.immigrationboards.com/indefi ... 16962.html

On further inquiry, it turns out not to be so similar. It was the non-EEA ex-spouse who had naturalised!

[marcsiga]

After all reading and breaking my head over it I can to decision.. I will renounce my British citizenship which I have past 3 months only.. But at least I can stay with my family together without complication.

[noajthan]

I can't see how giving up your hard-earned citizenship can help too much now. Hubby's PR clock is stopped now and reset to zero.
There's unlikely to be time for hubby to acquire PR in normal way if UK follows through and completes Brexit.

If you are mobile you could think about relocating to another member state and starting a business;
that would be one way to regain your EU rights and a way back to UK under Surinder Singh rules (after 6 or 9 months).

And you get to remain British, same as your child so 2 of you are still accounted for.

Ofcourse it may be challenging logistically and unless you have some capital at your disposal.

Very brave.
Good luck.

Final thought. When did hubby submit application for his FP?
By any chance was it before 16 July 2012?
If so, there is a transitional arrangement that may help. (But if applied for after July 2012 / during 2013, its unfortunately too late for that).

[marcsiga]

He has his RC from 2013 September. Unfortunately we can't refer to MCCarty case ;-(
As I never gave up being Hungarian they can't ask my husband to leave. And HO would have send a letter informing him that his RC not valid anymore. Possibly there is no problem him having his RC .. Problem would come when he would apply for PR me being dual national.
Any thoughts on this?

[noajthan]

He has his RC from 2013 September. Unfortunately we can't refer to MCCarty case ;-(
As I never gave up being Hungarian they can't ask my husband to leave. And HO would have send a letter informing him that his RC not valid anymore. Possibly there is no problem him having his RC .. Problem would come when he would apply for PR me being dual national.
Any thoughts on this?

The HO probably don't know the RC is invalid already.

Before giving up citizenship is Surinder Singh possible in your circumstances? That way you keep citizenship rather than taking a step back.

If you do give it up then both your PR clocks will be reset to zero and there's going to be no time to regain PR in the normal way before UK leaves EU;
(that is, if all wild talk of Brexit proves to be correct).

[Petaltop]

If you do give it up then both your PR clocks will be reset to zero and there's going to be no time to regain PR in the normal way before UK leaves EU;

If England is where you want to live, with Brexit looming it a risk to give up that British citizenship that you applied for.


You could sponsor your husband to the UK as Brits do? noajthan gave you the link earlier in your thread. It would involve you going back to work though, earning at least 18.6K and will take 6 months before you can sponsor him, but as least he would be allowed to work legally then.

Another option for you all to stay together is for you to go to another EEA country and exercsie your treaty rights of free movement there as an EEA citizen (not a citizen of that country). This way you could keep your British citizenship.

[marcsiga]

Of course we want to stay here as we have our house here. Unfortunately even if I go back To work I am not earning that amount .. and I don't want my husband to go back to His country . What I read so far to do the British spouse application he would need to leave and no way I will let that happen.
On the other hand I already had my PR as I came in 2006 and working since then.. I don't think there is a law saying that this Can taken back.. I feel like I am a criminal.. Can't believe this that I put my family in this position and I even had to pay for it(£1005) only for naturalise... Jesus..

[noajthan]

Of course we want to stay here as we have our house here. Unfortunately even if I go back To work I am not earning that amount .. and I don't want my husband to go back to His country . What I read so far to do the British spouse application he would need to leave and no way I will let that happen.
On the other hand I already had my PR as I came in 2006 and working since then.. I don't think there is a law saying that this Can taken back.. I feel like I am a criminal.. Can't believe this that I put my family in this position and I even had to pay for it(£1005) only for naturalise... Jesus..

Yes you may have retained your PR status.

[marcsiga]

So if I may retained my PR status than me giving up my British nationality shouldn't be a problem for us staying in this country.what do u think Noajhtan?

[noajthan]

So if I may retained my PR status than me giving up my British nationality shouldn't be a problem for us staying in this country.what do u think Noajthan?

It won't be a problem for next two years or so for sure.

Even if you do recant, hubby still won't have time to get PR in the normal way.
So you will both be at mercy of British sense of fair play and any transitional arrangements yet to be put in place for Brexit - as will '000s of other Union citizens and their families.

If you can believe certain government ministers then your current PR status will be respected.
As for any more (including people still in flight on EU trajectory with their PR clock still running), noone knows.

On the other hand, if you keep citizenship then you and child are sorted; that's 66% of family secured instead of just your child (at 33% of family unit).

If UK salary is an issue for complying with UK domestic Regulations (for a spouse visa), one way to retain your citizenship and get hubby back onto the EU migration path is to take a trip to another EU memberstate for several months; (but not to your home country).
You all live there, you work there (or start and run a business).
On return to UK you will be treated as an EEA national again (and keep your British citizenship too).
How cool is that - viva free movement!