Non EEA national family member of Dual EEA and British

[Irina71]

Dear all,
I hold a dual citizenship Romanian and British(British citizenship from 2014).My husband is from South Africa(we married in South Africa 2008) He came in the UK in 2008 with family member visa for 6 months and later we applied for resident card for 5 years which expired on 2013.We applied for permanent residency but we received another 5 years resident card..not knowing why!!...which is going to be expired on 2018.My question is can i continue to applied for permanent residence in EEA law if i am British Citizen(also Romanian)!!!Is the British Citizen will affect my husband with the application?Please.please help!!Maybe somebody on this forum is in the same situation!!Thank you for any advices!!

[vinny]

See also Do dual EU-UK citizens have rights under EU law?

[Irina71]

Thank you Vinny!!What about if i give up to British Citizen!!Can that help my husband with the permanent residence?And after can I replay for BC?Many Thanks!!

[vinny]

Wait for the judgment.

[Irina71]

So you suggest me to wait for the judgment decision (May 2017 )maybe they will change something!!or to consult a immigration solicitor?Much appreciated!

[vinny]

Wait.

[Irina71]

Thank you for all your advices!!

[secret.simon]

He came in the UK in 2008 with family member visa for 6 months and later we applied for resident card for 5 years which expired on 2013.

Vinny, aren't there transitional provisions for family members of dual EEA/British citizens who entered before 2012?

OP, when and how did you acquire British citizenship?

[Irina71]

Hello Vinny,
My husband entered in the UK with EEA Family Visa in 2008 but my British Citizenship i receive it on 2014 1st of May...so in 2012 i dont have dual citizenship...i dont know if there is transitional provisions for family member in my case!!.My British Citizen i obtain after naturalisation,working as self employed from 2007.Thank you!Kind Regards

[secret.simon]

Did you exercise treaty rights in the UK between 2008 and 2013? And if so, do you have proof of that? It may be possible that your husband has already acquired PR based on your exercise of treaty rights in that period (before you became a British citizen).

[Irina71]

Hi Simon,
Yes,I am working as self employed from 2007 until now(still working both),paying tax,bought Morgage,with income for the last 2 year more den 18600(each).In 2013 we applied for Permanent Residence but we received another residence for 5 years..really not knowing why..i think was a mistake from them..and we kept go that way with another 5 year which are going to finish on 2018...and yes..all this years from 2007 i was exercise treaty rights in the Uk..in 2007 i applied for yellow card for myself as self employed,after 5 years i received a permanent residence and one year later i applied for naturalisation and received the British Citizenship..this is my story...and now all this stress..
Thank you so much for being interest on my case..and thank you for your help!!

[Irina71]

I have all the prove that i was exercise treaty rights in the uk:SA302 from HR Revenue for all this years from 2007 until now,council tax bills in both names,bank statements for all this years,invoices,NI contributions,bills on our both names,married certificate...etc..cant think..but I have all the papers..Thank you

[secret.simon]

I think your husband has already acquired PR and should apply for a Permanent Residence Card based on your exercise of treaty rights between 2008 & 2013. But wait for others to respond.

[Irina71]

OK.Thank you...and if is like how you say how will i get the Permanent Residence for that time for my husband?Which form i need to apply?Do I need to consult a solicitor?Do you think i need to renounce to the British Citizenship for my husband to have his rights here?i am very confused..and stressed..and all this comments from such a kindle people really encourage me.Thank you!(sorry for all my grammar mistakes)

[vinny]

If they confirm your husband had automatically acquired PR before you were British or the judgment comes out in your favour, then you don't need to renounce your British citizenship.

[Irina71]

Thank you Vinny!!

[Irina71]

Lets wait,hope and pray for the good news!x

[Cupcake567]

Lets wait,hope and pray for the good news!x

Dear Irina71 - any update here?

Can you, or maybe anobody else, advise how this decision made on 30th May affected people with dual EA and British citizenship? I am looking for a simplified explanation, if possible.

Many thanks.

[secret.simon]

Can you, or maybe anobody else, advise how this decision made on 30th May affected people with dual EA and British citizenship? I am looking for a simplified explanation, if possible.

The OP's issue was resolved in a different way from the AG's opinion on 30th May.

The Advocate General's opinion is just that, an opinion that the Court will take into account when making it's decision. It is likely to follow it, but it is not a judgment of the Court yet. The judgment is expected later in the year.

So, at the moment, there has been no change in the law.

[Cupcake567]

Many thanks for this answer secret.simon. Can you please advise on the two below too as I would like to understand this matter better? Would the decision made on the 30th of May affect below somehow?

1.EEA national exercising treaty rights in UK for more than 5 years, is getting married to non-EEA national who is leaving outside UK. After being married they would like to live together in UK. Can EEA national apply for naturalisation and EEA Family Permit in the same time or would one of the applications be rejected?

2.EEA/British national (dual citizenship) is getting married to a non-EEA citizenship. Which rights apply to the person with dual citizenship, who is exercising treaty rights in UK, when applying for non-EEA spouse to join in UK? They need to apply for visa for spouse joining British citizenship or still can apply for EEA family permit? If visa, what would be the conditions?

Many thanks for help.

[Irina71]

Dear Cupcake567,
I did not send our application yet.We are thinking to write a cover letter and to apply under transitional provisions (in our case)as we received a lots of informations from this forum(thanks to simon.secret,vinny..and all moderators)...i will keep with an update..

[Cupcake567]

Dear Irina,

Please keep us updated.

Can anybody answer my questions, if possible. Would really appreciate.

Many thanks.