Dual citizen question

[Zk45]

Hello,

I’m a British citizen who later became a Portuguese citizen with a Japanese wife.

Is it possible for my wife to apply for an EEA Family permit using my Portuguese side as the sponsor? I’ve only found mention of europeans who later became British citizens being eligible but not the reverse (British citizens who later became european).

Thank you.

[CR001]

If you are in the UK, you are considered only British and can't use the EEA route.

[secret.simon]

I’ve only found mention of europeans who later became British citizens being eligible but not the reverse (British citizens who later became european).

That is correct. That is because, as EEA citizens resident in the UK, they will have acquired PR under EU law before becoming British citizens. Therefore those dual British/EEA citizens would have two statuses, British citizenship and EU PR. They can then use the latter to sponsor their non-EEA spouses under the EEA route.

British citizens cannot acquire PR under EU law in the UK (you can't acquire PR of the member-states that you are already a citizen of). Therefore, even though you are a dual British-Portuguese citizen, for the purposes of immigration law, you are a solely British citizen.

What you can do is renounce your British citizenship. That will make you a solely Portuguese citizen and you can then sponsor your non-EEA citizen spouse under the EEA route. Of course, you will lose your right to vote and other automatic rights in the UK.

Alternatively you can sponsor your wife under the UK Immigration Rules, meeting the usual requirements (English language, financial requirements, etc).

[mezien]

What about the Surinder Singh route?

[CR001]

What about the Surinder Singh route?

Not relevant if the British citizen hasnt lived and exercised treaty rights in another EU state and his spouse has been there with him under the EEA rules.

[mezien]

I mean if they move to an EU country (which is not Portugal) for 6 months and come back to the UK.

[CR001]

I mean if they move to an EU country (which is not Portugal) for 6 months and come back to the UK.

Not really much time left with Brexit.

[mezien]

I did a quick google out of boredom and this website says Surinder Singh will continue to work till 2020, with some changes to the application process (applicants need to apply via paper form).

https://www.ein.org.uk/blog/family-memb ... ter-brexit

https://www.freemovement.org.uk/more-de ... er-brexit/

Those family members of British citizens who entered the UK relying on the Surinder Singh route before 31 December 2020 will also be eligible to apply under the UK’s settled status scheme.

[kamoe]

I’ve only found mention of europeans who later became British citizens being eligible but not the reverse (British citizens who later became european).

I believe this is because, at the core, we learned from McCarthy case that the issue depends on whether you have exercised treaty rights in another EU country other than your country of citizenship. And because of this, the answer to your question is likely 'No'.

EU citizens who move to the UK, and who exercise treaty rights in the UK, can typically benefit from the EEA route to sponsor their families, even after becoming British citizens. These are Lounes cases.

British citizens who move to another member state, and who exercise treaty rights there, can typically benefit from the EEA route to sponsor their families on return to the UK (no need to become naitonal of the other country, but probably not a blocker). These are Surinder Singh cases.

So question to you is, have you exercised treaty rights in another EEA country (e.g. Portugal)?
-If yes, then your route is Surinder Singh, as a British citizen, not as Portuguese.
-If no, then you cannot benefit from the provisions of EU law and, as McCarthy, your case will be treated as domestic case under UK law.

[Zk45]

Thank you all for the detailed responses.

So am I correct to assume that if we go to Portugal for a while, live, work, bank there, and I use my citizenship to acquire permanent residency I can then apply for an EEA Family Permit at the British embassy in Lisbon?

Thank you once again.

[CR001]

So am I correct to assume that if we go to Portugal for a while, live, work, bank there, and I use my citizenship to acquire permanent residency I can then apply for an EEA Family Permit at the British embassy in Lisbon?

No, you need to go to any other EU member state of which you are NOT a citizen. You cannot exercise treaty rights in Portugal if you hold Portuguese citizenship.

Note that to use the Surinder Singh route, you have to move the centre of your life to the EU member state.

[kamoe]

No, you need to go to any other EU member state of which you are NOT a citizen. You cannot exercise treaty rights in Portugal if you hold Portuguese citizenship.

Beat me to type it!

My description above of you exercising treaty rights in Portugal only applies if you had done that before obtaining Portuguese citizenship. If you do this now it would not work, as you will not be exercising treaty rights in another EEA country that is different from your country of citizenship, since you are Portuguese.

[Zk45]

I guess the simplest solution is to move to Portugal or Japan.

One more question please:

I can give her Portuguese residency through marriage which would allow her to travel freely within the schengen area, but would she also be able to enter the UK this way?