How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UKSolicitorJA Your Own Question
UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
62162956
Type Your Law Question Here...
UKSolicitorJA is online now

Hello,My name isXXXXX and my Wife we both are British

Customer Question

Hello,

My name isXXXXX and my Wife we both are British National ( Overseas). As BNO, For sure we don't have UK Right of Above. But WE both currently successfully could apply Right of Above in Netherlands in last year and they have been treat us for EU/EEA National. And We both could work in there without any limit period.

But base on this information , Do you think that UK Border Agency will allow us apply Working Permit as EU/EEA National in UK ?
Base on we have been treated as EU/EEA National in other EU Country and they did confirm that we are British National ( British Citizen Who have EU/EEA Status)

Regards

Martin
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello Martin,

Do you and your wife hold any other nationality?
Customer: replied 3 years ago.

Hello,


 


We both are Hong Kong National, But We never held any other Passport , We only have British National Overseas Passport.


 


For my personal , i have Austria Identity Card ( As EU/EEA National ) it show i am British Citizen. And Netherlands EU/EEA Resident Sticker.

Expert:  UKSolicitorJA replied 3 years ago.
You are recognised as an EEA national outside of the UK and Ireland due to the Lisbon Treaty and arguably you should be allowed entry to the UK under the EEA regulations and not domestic UK immigration law due to you having exercised treaty rights in other EEA countries. However, it is not yet tested in the UK if you will be recognised as having EEA rights as the Surinder Singh case was in respect of a British Citizen, not BNO.If you do not hold any other passport, it would appear that you are entitled to register as a full British Citizen under S.4B of the British Nationality Act, and you should do so as you will be entitled to a British Citizen passport with right of abode in the UK if registered as a British Citizen.The form to apply on is BOShttps://www.gov.uk/government/uploads/system/uploads/attachment_data/file/261560/form_bos.pdfHope this helps
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks, XXXXX XXXXX main problem was after 1997, All Hong Konger will be automatic will be part of china. We all automatically have China National Citizenship. (They force us to do so. )


 


May i know know is there any solution that we could register as EEA to live and work in UK?

Expert:  UKSolicitorJA replied 3 years ago.
I am afraid I can't see a possible route as you are recognised as EEA nationals in all states other than UK and Ireland, as bizarre as it sounds.

Related Law Questions