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chatham-chamber
chatham-chamber, Solicitor
Category: Immigration Law
Satisfied Customers: 11614
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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My question is regarding immigration, I am a Polish citizen

Customer Question

My question is regarding immigration
JA: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: I am a Polish citizen living in the UK and two years ago I married my partner who is Pakistani. My husband applied for EU Residential Card which he received a year ago. The permit is valid for 5 years.
I have recently applied for a British citizenship which has been approved which means I will be a dual national soon after my citizenship ceremony.
I would like to enquire how my British nationality affects my husband's EU Resident Permit. With the British nationality, am I still considered as EU National? Does he carry on with his current visa until he is able to apply for Permanent Resident Card? If so, would it be five years since our marriage date or since the date his visa commenced?
We are concerned that his permit might not be valid and he will need to re-apply for a new visa as a spouse of a British citizen. If so, would he need to apply from outside of the UK?If i dont attend ceremony then what would happen . Woud i be able to apply citizenship in future after my partner obtain his permenant Residence card ?I look forward to hearing from you
JA: Brilliant. Thank you. I'll now take you to a secure page to place your deposit with JustAnswer. Once the deposit is received, we'll continue helping you with your question.
Submitted: 5 months ago.
Category: Immigration Law
Expert:  Nicola-mod replied 5 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 5 months ago.
Hello Nicola ,Yes i am waiting for answer can you please get answer as soon as poosible please .Thanks .
Expert:  Nicola-mod replied 5 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  chatham-chamber replied 5 months ago.

Hi,

What date was the eea family permit granted?

Customer: replied 5 months ago.
Hello ,EEA Faimly Permit granted Sept 2015.
Expert:  chatham-chamber replied 5 months ago.

Hi,

His visa will still be valid and your obtaining British citizenship should not affect his status as you are still an eea citizen and the European rules would still apply.

He would be eligible for permanent residence 5 years from when his eea family permit was granted.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

kind regards

Customer: replied 5 months ago.
Hello,Thank you for your answer.I have contacted another solicitor as well as the Home Office and I have been advised that upon becoming a dual national by acquiring a British passport, I no longer am considered an EU national therefore I cannot exercise my treaty rights in the UK and this is the condition for the validity of my husband’s permit.
We have been advised that my husband should leave the country and apply for a British spouse visa. What is your view on this opinion?
If I was to withdraw my application for a British citizenship by writing to Home Office and not attending the ceremony, would that affect me in the future when I re-apply for the citizenship once my husband has been granted his PR?I look forward to hearing from youKind Regards
Expert:  chatham-chamber replied 5 months ago.

Hi,

I disagree because you do n9t stop becoming a Polish national because you have acquired uk citizenship and Poland is still part of the EU. As long as you hold Polish nationality, you are still an EU citizen.

if you were to withdraw your application, that should not affect any application you make in the future.

I would suggest that you withdraw now before it gets to ceremony stage.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

kind regards

Customer: replied 5 months ago.
Hello ,
Thank you very much for you answer ,Is there any law saying that EU law doesn't apply to me any more after becoming British even though i still hold polish passport .
And what do you think about MCCARTHY Case .Did the judge not say that any dual national applying for residence permit for non eu partner can't benefit from eu law regulation after oct 2012.What do you suggest we should do? shall i take my British passport and should my husband keep his eu residence permit and apply for PR after completing his 5 years? If there are any issues in future concerning i wasn't exercising my eu treaty rights would we be able to win the case in court ?Kind Regards
Expert:  chatham-chamber replied 5 months ago.

Hi,

There is no legislation that I have come across which states that EU regulations did not apply to you. Further, if they did not, UK citizens using the Surinder Singh route would not be able to do so.

If it worries you, I would suggest withdrawing your application and waiting until your spouse has obtained PR.

if you had an issue provide treaty rights in the future, it may affect his application.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

kind regards

Customer: replied 5 months ago.
Hello,Thank you for your prompt response.My application for naturalisation has been approved. I have already received my letter instructing me to book a ceremony. What would be the best way of withdrawing my application at this stage? Shall I send a letter explaining my situation? What would be the best valid reason for that?You mentioned Surinder Singh route. Is it possible that as a British living in the UK I can work in another EU country as self employed paying tax but without physically moving to that country? In this way would I be still able to exercise my treaty rights? Would that help in obtaining a PR for my husband in future?
Are there any regulations such as minimum pay or minimum period of my employment abroad?Kind Regards
Expert:  chatham-chamber replied 5 months ago.

Hi,

If your application has already been approved, you would have to relinquish your new nationality.

The surinder singh route only applies if you are returning to the Uk after having exercised treaty rights in a 3rd party member state.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

Your question will not close and I will be happy to answer any follow up questions.

Kind regards

Customer: replied 5 months ago.
Hello ,If I relinquish my nationality. Would I be able to apply in future again after my husband gets his PR.?Kind Regards
Expert:  chatham-chamber replied 5 months ago.

Hi,

Yes you should be able to do so but you will have to submit a new application and ensure that you meet all the requirement of the rules.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

kind regards

Customer: replied 5 months ago.
Hello ,We have found the following conversation onlineThank you for your email.According to the Information that I have seen , I am not sure Poland allows dual nationality. You may wish to check with your Embassy.
Although the United Kingdom will allow dual nationality it does affect the sponsorship of your husband. I apologise if this wasn’t made clear to you.On 16th July 2012, the definition of ‘EEA national’ in Regulation 2(1) of the EEA Regulations was changed so that EEA nationals also holding British citizenship were no longer considered to be EEA nationals.
A non-EEA national family member would not be able to switch from 2006 European Regulations to the Immigration Rules of the United Kingdom in country.The non-EEA national family member would be required to leave the country and make an application to re-enter the United Kingdom under the Immigration Rules to demonstrate that they meet a different set of requirements for entry clearance.Yours sincerely ,Customer Service Advisor
Customer Contact Centres
UK Visas and Immigration
Ground Floor
Vulcan House - Iron
Sheffield
S3 8NSIs that relevant to our case .Kind Regards
Customer: replied 5 months ago.
Hello,Sorry to bother you again but we are trying to keep the British citizenship and the validity of my husband EEA Visa .
My husband can apply PR In Sep 2020. If in case the application gets refused would he be able to apply ILR on long residency basis as he came in UK 2011 on student visa then he switched to business Entrepreneur visa and now he has EEA family permit .In 2021 he will have resided in the uk legally for 10 years .
If he get refused on his PR application on basis of my dual nationally would his 5 year of EEA Faimly visa consider as his illegal time ?I would really appreciate if you could respond to my queries .Kind Regards
Expert:  chatham-chamber replied 5 months ago.

Hi,

The time spent under the eea rules should count towards the 10 year in ANY category rules.

Therefore, I am of the opinion that he would be eligible to apply.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

Your question will not close and I will be happy to answer any follow up questions.

kind regards

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