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Non EEA family member of EEA/UK dual national

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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UkEEAnational
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Non EEA family member of EEA/UK dual national

Post by UkEEAnational » Wed Mar 29, 2017 11:08 pm

I'm from Thailand married to EEA national and my husband got his British passport two years ago, in few months my 5 years residence card are coming to its renewal date and I haven't got a clue, me and my husband are really worried about it, I have been in the country for nearly 9 years now until 2012 I was on student visa and from Jan 2012 I have been on 5 years residence card which is finishing in less than a year and I am already having sleepless nights
Some one told me if longer than 6 years you could apply for Naturization but I am so unsure ;( !!! not sure if I could apply for Naturization either

UkEEAnational
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Re: Non EEA family member of EEA/UK dual national

Post by UkEEAnational » Wed Mar 29, 2017 11:14 pm

At the end of the residence card, how long I need to wait to apply for my permanent residence card
Please shed some light on my issue please

vinny
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Re: Non EEA family member of EEA/UK dual national

Post by vinny » Wed Mar 29, 2017 11:28 pm

You may have a problem.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

UkEEAnational
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Re: Non EEA family member of EEA/UK dual national

Post by UkEEAnational » Wed Mar 29, 2017 11:28 pm

Problem ?

vinny
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Re: Non EEA family member of EEA/UK dual national

Post by vinny » Wed Mar 29, 2017 11:32 pm

Please click on the given link for more information.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

UkEEAnational
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Re: Non EEA family member of EEA/UK dual national

Post by UkEEAnational » Wed Mar 29, 2017 11:43 pm

Oh my god !

What to do now ?

I got my 5 years residence card under EEA rules and he is still EEA national ? Can I not apply under the same rules for permanent residence card and not tell home office of his British nationality ?

We are planning to have a child as husband wants me out of the immigration rules and I can't travel to Europe without him and can't see my in laws without him, and he can't take random time off from work for me :(

UkEEAnational
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Re: Non EEA family member of EEA/UK dual national

Post by UkEEAnational » Thu Mar 30, 2017 12:11 am

I have been in the country for last 9 years
Came to the uk in 2008 on student visa until 2013, in 2013 I was still on student visa when my husband to be proposed me and we got married in early Jan 2013, end of Jan I got my residence card of 5 years
I will be completing my 10 years in uk next year
Can we try a different immigration route then ? Would it be possible ?
Any help with your expertise please

vinny
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Re: Non EEA family member of EEA/UK dual national

Post by vinny » Thu Mar 30, 2017 12:45 am

The Long residence option would also require evidence that you were residing in accordance with the EEA Regulations during the period that you were subject to the EEA regulations.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Wise
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Re: Non EEA family member of EEA/UK dual national

Post by Wise » Thu Mar 30, 2017 8:27 pm

Hmm, I genuinely felt for you as you've mentioned you're legitimate couple. A big mistake for all this years in UK, so shocking the current rules was opposite to your situation. Also as you said you may lie and think they will not know that your husband has naturalized, (dream on you're in UK) and i don't expect that from you as you have lived in UK for 9yrs it shows you understand the system that much. Don't try it!

Option 1,
My humble advice for you both is to move to Ireland as quick as you can and you can may be start a new life there at least they share almost the same thing in common with UK and you can be family member to your husband under EU LAW just before the issue of BREXIT is over till March 2019 and come what may the relationship between UK AND IRELAND (FTA) can still save you in the end which the EU themselves even recognized.

Option 2

Am afraid staying in UK with the current issue will go nowhere in end if you read what Vinny sent to you carefully, unless your husband can renounce the BC again and claim his previous nationality and you need to apply afresh as EU family member and that may save you.

Every human being will have to learn from our/people's mistakes though, mine was regrettable but found hope.Move as quick as you can and search forum you find people of same issues like yours too.


Good Luck.
It is really good to help and everyone deserve to be respected in life. Good luck.

UkEEAnational
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Re: Non EEA family member of EEA/UK dual national

Post by UkEEAnational » Thu Mar 30, 2017 10:40 pm

Wise thank you so much for your reply can't thank you enough for your time

I don't know what we have done

Just to clarify my husband hasn't give up his previous nationality

He has kept the nationality of his birth and became British in 2015 just because there was a lot of talk on brexit and he has literally straight forward case of naturalization and within 6 weeks he became British as he had all documents

I am feeling sick as I am over stressed bec of no possible route

vinny
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Re: Non EEA family member of EEA/UK dual national

Post by vinny » Thu Mar 30, 2017 11:11 pm

There's hope that the CJEU will find the UKVI's interpretation unlawful.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

UkEEAnational
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Re: Non EEA family member of EEA/UK dual national

Post by UkEEAnational » Fri Mar 31, 2017 1:18 am

Vinny do you think writing a letter to CJEU in laxamberg explaining the situation I am in and thousands others would help n this regard ?

I have been in the country for last 9 years
Came to the uk in 2008 on student visa until 2013, in 2013 I was still on student visa when my husband to be proposed me and we got married in early Jan 2013, end of Jan I got my residence card of 5 years
I will be completing my 10 years in uk next year
Can we try a different immigration route then ? Would it be possible ?
Like long residence route settlement ?
Any help with your expertise please

vinny
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Re: Non EEA family member of EEA/UK dual national

Post by vinny » Fri Mar 31, 2017 1:50 am

Parminder Saini wrote:It is anticipated that the Grand Chamber will hear this matter in 2017
.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

UkEEAnational
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Re: Non EEA family member of EEA/UK dual national

Post by UkEEAnational » Fri Mar 31, 2017 2:06 am

Thank you so much for,taking your prescious time out for others and helping them

Just read the link In your previous reply but there isn't any date for the grand chamber hearing ;(

Don't know how long it will take sooner the better

I tried to find if I could send private messages to other users but I got lost
Wondering if u could send private messages to ther users who hasn't bee active recently to know the outcome of their cases !

Wise
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Re: Non EEA family member of EEA/UK dual national

Post by Wise » Fri Mar 31, 2017 7:39 pm

Yeah i do know that your husband still keep his EU nationality. But at the moment that's how things stand regarding the stupid interpretations. Hopefully CJEU might change things positively. Also it is worth to wait for the decision on those cases before you can decide on what to do next in my opinion.



Regarding text.
I think but not sure you need to have sent at least 10 messages before you may be able to send private
massages or received it from anyone.Counting your messages i think you have sent 8 so far just 2 remaining.

Any of the Moderator will advice you further on this.
It is really good to help and everyone deserve to be respected in life. Good luck.

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Casa
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Re: Non EEA family member of EEA/UK dual national

Post by Casa » Fri Mar 31, 2017 9:59 pm

Wise wrote:Yeah i do know that your husband still keep his EU nationality. But at the moment that's how things stand regarding the stupid interpretations. Hopefully CJEU might change things positively. Also it is worth to wait for the decision on those cases before you can decide on what to do next in my opinion.



Regarding text.
I think but not sure you need to have sent at least 10 messages before you may be able to send private
massages or received it from anyone.Counting your messages i think you have sent 8 so far just 2 remaining.

Any of the Moderator will advice you further on this.
The current access to the PM privilege is set at 30 posts.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

UkEEAnational
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Re: Non EEA family member of EEA/UK dual national

Post by UkEEAnational » Fri Mar 31, 2017 10:30 pm

Please please people come forward with the similar case and history help others from your experiences do a good deed

You would not like to be called "illegal"when your married to EEA / UK

Recently some one on told me I'm illegal in the uk bec EEA residence card of 5 years is no longer valid bec husband is uk national so you become illegal

vinny
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Re: Non EEA family member of EEA/UK dual national

Post by vinny » Mon Apr 03, 2017 11:09 am

vinny wrote:
Parminder Saini wrote:It is anticipated that the Grand Chamber will hear this matter in 2017
.
May 2017.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ANGELA LIMA
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Re: Non EEA family member of EEA/UK dual national

Post by ANGELA LIMA » Fri Jul 07, 2017 1:43 pm

Hi,

I have a similar situation. I am a non eea family member who has a PR card over 12 months. My husgand who is an EEA and has PR Card as well(over 12 months), wants to apply for BC. My questions :

1) If he applies first for naturalization, can it cause any problem when I apply for my naturalization being an EEA family member?What is the best course of action?

2) What documents I can show as a non eea family member, who doesn't work?

3) When my UK EEA born children(minors) apply after my husband is naturalised, will apply under EEA Law or British?

Thanks in advance.....

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