EU Travel back with EEA2 RC and dual national UK/EU partner

[Szmek]

Hello, many thanks for all the help that I got on this forum. I'm hoping I can get a little more.

Our situation: my wife Non-EU (Belarus) and me UK/EU (British + Polish) married in Poland , travelled to the UK on Family Permit, applied for EEA2 RC (COA, RC still pending).we applied under old rules, where dual national UK was still OK.

When we get our passports back, we plan on travelling to visit family back in Poland. As far as I am aware, my wife can travel the EU with her EEA2 RC as long as she is with me, however according to my knowledge: EC rights are only benefited from when you cross into countries where you are not a national. After all that why they changed the rules now for dual UK/EU citizens , and you can't be a UK citizen at all if you want your family member to get a Family permit.

My question goes the other way, we want to travel back to Poland (EU) where I am a national. Therefore I am not exercising EC rights travelling there with my family. Is free travel still possible for my wife with a EEA2 RC?

Polish law states that if I am a Polish national I am not allowed to use any other passport whilst in Poland. E.g. I cannot use my British passport in Poland if I have a Polish passport.

Do you think my wife will need a separate visa to enter Poland? Or can we just get away with the EEA2 RC? Any advise on something that I might be missing? Or do you think that this is a little complicated for the immigration officers to pick up on?

This could be a similar situation for anyone who lived in the UK long enough for their partner's original visa to run out. E.g. French national with non-eu partner (they needed a visa whilst in France). Since they have been in the UK the original French visa has expired and when they return the French national is purely returning home (therefore not travelling via EC freedom of movement rights).

Any comments/suggestions?

[Obie]

If Polish law says you cannot use your british nationality in Poland, then the Surinder Singh principle applies, and you can still use you polish nationality.