I become British(dual nationality)

[marcsiga]

Any thought on article 20 TFEU in terms of definition of Euro citizen?

[marcsiga]

http://eur-lex.europa.eu/legal-content/ ... 012E%2FTXT

Article 20
(ex Article 17 TEC)
1. Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship.
2. Citizens of the Union shall enjoy the rights and be subject to the duties provided for in the Treaties. They shall have, inter alia:
(a) the right to move and reside freely within the territory of the Member States;
(b) the right to vote and to stand as candidates in elections to the European Parliament and in municipal elections in their Member State of residence, under the same conditions as nationals of that State;
(c) the right to enjoy, in the territory of a third country in which the Member State of which they are nationals is not represented, the protection of the diplomatic and consular authorities of any Member State on the same conditions as the nationals of that State;
(d) the right to petition the European Parliament, to apply to the European Ombudsman, and to address the institutions and advisory bodies of the Union in any of the Treaty languages and to obtain a reply in the same language.
These rights shall be exercised in accordance with the conditions and limits defined by the Treaties and by the measures adopted thereunder.
Article 21
(ex Article 18 TEC)
1. Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect.
2. If action by the Union should prove necessary to attain this objective and the Treaties have not provided the necessary powers, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may adopt provisions with a view to facilitating the exercise of the rights referred to in paragraph 1.
3. For the same purposes as those referred to in paragraph 1 and if the Treaties have not provided the necessary powers, the Council, acting in accordance with a special legislative procedure, may adopt measures concerning social security or social protection. The Council shall act unanimously after consulting the European Parliament.

[marcsiga]

I we live together in UK with my husband since 2010..according to the law he was entitled for PR in 2015.so he has it regardless we applied for it or not.. And I just become recently British(dual)
Do u think we can then apply for his PR card?! I was working in that period and was exercising my treaty right.
We can show the 5 continuous year.
Or now that I become dual he lost his PR right as well?

[noajthan]

I we live together in UK with my husband since 2010..according to the law he was entitled for PR in 2015.so he has it regardless we applied for it or not.. And I just become recently British(dual)
Do u think we can then apply for his PR card?! I was working in that period and was exercising my treaty right.
We can show the 5 continuous year.
Or now that I become dual he lost his PR right as well?

To apply for confirmation of PR utilising time spent as an EFM (unmarried partner), your partner(/now spouse) would have had to have a RC issued on the basis of being your EFM dependent in or after 2010.
Was that the case?
The time is not counted if the dependent did not have an EFM RC.

You can dig into such matters here:
https://www.gov.uk/government/uploads/s ... als_v3.pdf

[marcsiga]

We applied as he being my unmarried partner since 2010 and we got the RC in 2013 September. Officially we are still it married as we had wedding in India and it was a religious ceremony.
The card what he has it's say family member of an EEA.

[noajthan]

We applied as he being my unmarried partner since 2010 and we got the RC in 2013 September. Officially we are still it married as we had wedding in India and it was a religious ceremony.
The card what he has it's say family member of an EEA.

Go through the EFM guidance, page 31-32 in particular:
https://www.gov.uk/government/uploads/s ... als_v3.pdf

[marcsiga]

Dear Noajthan,

Thank u very much for ur support, time& energy! I see some hope .. I am going to see a solicitor today.. Gonna explain to him our complicated case and hoping we can apply for Hubby's PR! What I read we can count the time since he was living with me together as a unmarried partner and now that we are married. We can show 5 years together .. I don't really know..since I came to know that dual citizenship makes issue for my husband I am restless and hate myself.all day I am checking if someone is posting something what could give me hope. Let's see. I shall inform u guys after I met the solicitor.

[Wise]

My humble advice for you as you're so desperate and confused it is only very honest lawyer will not use that against you and just give you advice that will sound good within the law and commit yourself with some money and once application is made you have to pay the rest of the money that's how lawyers operate. Even if the answer is negative you might be stock again.

However, we all make mistake but the most important thing is to stay positive and seek for the correct way forward which you have done.All the option given to you is what any lawyer who knows the EU LAW AND UK LAW properly will offer you.

I personally have make mistake like you, but mine is quite different from yours and it's only when i joined this forum with personal research I have a massive understanding on EU law that was applicable to me at that time.Thank God.

If I find myself in your position my option will be as follow.
1, Renounce that BC go back to work and apply again for another RC for him. Because i strongly believed that no matter what come after Brexit, the negotiation cannot cancel initial PR for all EU CITIZEN which the UK Immigration minister also confirm it along with human right case and your baby BC as you qualify for both anyway. But am not sure of the welfare stuff and provided you're working you will be fine,also any transition at that time will or may be applicable to your husband as long as he is working and contributing to the economy and not a criminal. I can forward the link to you to read yourself if you want. Don't also forget many BC are in EU countries in the same shoe like you and you just think the Brussel will just say everybody need to go back to their country in this 21st century that's not possible.

2, Apply under UK LAW (FLR FP) as a parent of BC child under 10yrs route if you can afford the money for the application and nhs surcharge fee also. I strongly believed on this as a friend of mine just got one for her wife under this route. With this route you can keep your BC and you don't have to earn 18,000 pound wages stuff. Because you said you love to live in UK otherwise Surender singh might be another option for you.

Anyway thanks to all the contributors I really enjoy reading your points. Well done all.

Good luck.

[marcsiga]

Oh dear., where shall I start. I went yesterday to a solicitor who had no clue what I am talking about and tried to ensure me that the case isn't that complicated as I think.
According to him the fact that I become British does not affect my partner as long we live together and we can prove it.
I tried to explain to him the McCarthy case.. And dual national laws but he just didn't aggree with me.
He came up with A question (what I thought in the very beginning) why would the fact that I gain another nationality would effect my partner.
I think the solution will be to renounce citizenship. Get married in UK and from there onwards we can Apply for PR.

[ohara]

Your solicitor clearly does not know what he/she is talking about.

You cannot exercise treaty rights in a country which you are a citizen of, so you are unable to sponsor your non-EEA partner on the EEA migration route in the UK as you are a British citizen. It doesn't matter that you are still a Hungarian citizen. The fact that you are also British means that this door is no longer open to you.

As said in another earlier post, you need to find a solicitor who is knowledgeable in both UK and EU immigration law, as in your situation, both will apply.

[marcsiga]

I think exactly the same after doing my research. I am going to renounce my British citizenship.i think that will be a solution

[noajthan]

I think exactly the same after doing my research. I am going to renounce my British citizenship.i think that will be a solution

The alternative is to do what Brits have to do with non-EEA family: earn enough (get two jobs?) and use UK domestic route (eg spouse visa).

[Wise]

That lawyer will not even like you as you have mention some cases you think is related to yours. Most of them think many people are stupid and thank God you can do research yourself. The ball is in your hand play it as you like and good luck.

[marcsiga]

I cant go with spouse visa as he will need to leave.I am unable to coop without him as I have a dog and a Daughter now .otherwise working( 2 jobs) wouldn't be a problem.

I just printed the form to renounce the citizenship so I can become again Hungarian ONLY and then I reapply for my partners RC.
we can start again from beginning without losing him .
Thank u a million times for all of you.
You guys are such a good support!!
I should have come on the forum first hand before applying to become British.
I was naive ..thinking it's enough to see the guidance on Home office website..
Oh well ..I just hope that a do the right thing.

[Petaltop]

The alternative is to do what Brits have to do with non-EEA family: earn enough (get two jobs?) and use UK domestic route (eg spouse visa).

That's the one I would go for.

I cant go with spouse visa as he will need to leave.I am unable to coop without him as I have a dog and a Daughter now .otherwise working( 2 jobs) wouldn't be a problem.

The dog will be fine if you make sure it has a good walk each day and your daughter could go to a childminder for the 6/7 months it takes for you to be able to sponsor your husband. As you would be a low earner, you could get some help with your childminding fees via claiming Tax Credits, or better still to avoid the welfare hoops you have to jump through, your husband could send you money to help pay the bills.

When he is back on a spouse visa, you won't have to worry about EU laws and Brexit anymore as he will be on UK immigration laws.