PLEASE HELP URGENT! EEA family member visa and becoming Brit

[aba86]

In March 2011 my partner has been granted the visa as the family member of EU citizen (5 yrs) (we are not married, as far as remember we applied for EEA2). I’m Polish and he is Albania, we have known each other since 2006.
I have recently applied for the neutralisation. We have contacted our lawyer before making application to be sure that me becoming British would not affected my partner status in UK (as his visa is for the family member of EU citizen, I will keep both a British and Polish passport). He said that this won’t jeopardise my boyfriend visa and I can go ahead with my application so I did it.
Unfortunately, I have found out y’day from different solicitor that that this is not a case and in fact me getting British citizenship will affected my partner visa as he won’t be any more the family member of EU citizen, therefore I should withdraw my application as soon as possible (he said that not many solicitors know about that). I called home office this morning (1st the persona how I spoke to said that she thinks not because I will still keep my polish passport. Therefore, I will keep exercising Treaty rights as polish but then she said that she is not 100% sure so she will get someone from the department which deals with double citizenship to call me back. (I’m sorry but I doubt it)
Can you please help me? I need the answer as soon as possible. I have applied 3 months ago so I can receive the answer any time soon. If this is the true I will cancel my application but if not I don’t want to lose £890.
We are so stress and confused two different answer even HO don’t know.

Please help.

[sylvia532]

I've been searching for information on this matter too and as far as I understand, your husband's RC won't be affected by you obtaining British Citizenship (assuming you keep your Polish nationality). If you applied for your husband's RC after obtaining Brtish citizenship, Home Office would probably reject your application and told you to apply under UK immigration law.

[Jambo]

In the past dual nationals (UK/another EEA) could have made use of the EEA regulations. This was changed in July 2012 so it is not possible for dual nationals to make use of their other EEA nationality to bring family under EEA regulations.

As said, this would only affect new applications. If your partner has been living under the EEA regulations already (with an issued RC), he won't lose his rights by you becoming British.

Maybe the first lawyer didn't know the rules (as the second one said) but he got the right answer

[smalldog]

Since July 2012 dual British-EEA citizens are no longer able to use the EEA regulations except in limited circumstances. However, since your partner has had a residence card since 2011 I believe he will fall under the transitional arrangements. You should be ok to go ahead with the citizenship application.

http://www.legislation.gov.uk/uksi/2012/1547/made

[aba86]

Great news Thank you all for your help and advise. I really appreciate your help.

[boloney]

Great news Thank you all for your help and advise. I really appreciate your help.

even if there was an issue with his visa there no point in panicking. You could simply not book ceremony in 3 months from approval date and you would't became BC.