Важная информация для партнеров т.н. Dual Nationals (EU & UK)
Важная информация для партнеров т.н. Dual Nationals (EU & UK)
Важная информация для тех, кто находится в Великобритании как супрг(и)/партнеры граждан EU и у кого эти граждане EU так же получили британское гражданство.
Возможно, вы не сможете получить Permanent Residence и даже продлить 5-и летний EEA Residence Permit, и поэтому возможно нужно будет переходить на визу "супруга(и) гражданина/гражданки" Великобритании :
What happens if you are a non-EEA national of a dual (EU and UK) partner in the UK ?
The relevant Guidance can be found here : https://www.gov.uk/government/upload...onals_v5_0.pdf
The following point is very important as in some cases the non-EEA nationals may not acquire the Permanent Residence status in the UK if the following points are not met:
“Non-EEA national family members of dual EEA and British citizens
This section tells you about family members of ‘dual nationals’, British citizens who are also nationals of other European Economic Area (EEA) member states.
British citizens who are also nationals of other EEA member states are not considered to be ‘EEA nationals’ for the purposes of the Immigration (European Economic Area) Regulations 2016 (the 2016 regulations). This applies whether or not the dual national has always resided in the UK.
A family member of a dual national does not have a right of residence under the regulations on the basis of their relationship to the dual national.
If they do not have a right of residence on any other basis under the 2016 regulations, they will need leave to enter or remain in the UK under the Immigration Rules.
Transitional arrangements
Transitional arrangements were put in place following amendments to the regulations in July 2012, which allowed family members of dual nationals who had already relied upon a right of residence as the family member of that dual national to continue to enjoy a right of residence where the conditions set out below were met.
Persons residing in the UK on 16 July 2012
Persons already residing in the UK on 16 July 2012 as family members of dual nationals, and who held a valid registration certificate or residence card confirming this right on 16 October 2012 will continue to be treated as the family member of an EEA national for as long as they continue to be the family member of that dual national.
This arrangement also applies where a person had a right of residence on this basis on 16 July 2012 and had submitted an application for a document confirming this right on or before 16 October 2012.
Such persons will continue to have a right where a document was subsequently issued on the basis of this application.
Persons who had applied for an EEA family permit before 16 July 2012
A person who submitted an application for an EEA family permit as the family member of a dual national before 16 July 2012 will continue to be treated as the family member of an EEA national if both:
• the application resulted in an EEA family permit being issued (including where this document was issued following a successful appeal)
• the applicant travelled to the UK within the 6 month validity period of that EEA family permit
If the family member of a dual British citizen and EEA national meets the conditions above, they will continue to be treated as the family member of an EEA national for as long as they continue to be the family member of that dual national.
Anyone who falls within the transitional arrangements on the basis of an EEA family permit application does not need to apply for further confirmation of a right of residence in the UK.
For further information, see the Court of Justice of the European Union (CJEU) judgment in McCarthy (C-434/09)”
Возможно хорошая новость (решение не встпутило в силу):
At the same time the case of Lounes C-165/16 has now received a formal Opinion by the Advocate-General suggesting that the UK was wrong to deny EU rights to dual citizens and their family members: http://curia.europa.eu/juris/documen...t=1&cid=747813
NB2 Если читать внимательно, то вышеуказанный Guidance относится в ситуации, когда БРИТАНЕЦ так же имеет EU гражданство, в этом случае, а не когда гражданин EU становится британцем.
Тем не менее, UK BA выдвет отказы и в последних случаях, "прикрываюсь" решение по делу McCarthy.
В общем, надежда на дело Lunes, т.к. начали появляться "отказы" по ситуации, когда к EU приезжает Non-EEA и получает 5-и летний EEA Residence Permit, потом EU получает гражданство и через х лет non-EEA подает на Permanent Residence и получает "отказ" (фактически UK BA не отказывает а делает еще хуже - вчера видел просто письмо из UK BA о том, что заявение non-EEA "is treated as withdrawn.... with no right of appeal".
Важная информация для тех, кто находится в Великобритании как супрг(и)/партнеры граждан EU и у кого эти граждане EU так же получили британское гражданство.
Возможно, вы не сможете получить Permanent Residence и даже продлить 5-и летний EEA Residence Permit, и поэтому возможно нужно будет переходить на визу "супруга(и) гражданина/гражданки" Великобритании :
What happens if you are a non-EEA national of a dual (EU and UK) partner in the UK ?
The relevant Guidance can be found here : https://www.gov.uk/government/upload...onals_v5_0.pdf
The following point is very important as in some cases the non-EEA nationals may not acquire the Permanent Residence status in the UK if the following points are not met:
“Non-EEA national family members of dual EEA and British citizens
This section tells you about family members of ‘dual nationals’, British citizens who are also nationals of other European Economic Area (EEA) member states.
British citizens who are also nationals of other EEA member states are not considered to be ‘EEA nationals’ for the purposes of the Immigration (European Economic Area) Regulations 2016 (the 2016 regulations). This applies whether or not the dual national has always resided in the UK.
A family member of a dual national does not have a right of residence under the regulations on the basis of their relationship to the dual national.
If they do not have a right of residence on any other basis under the 2016 regulations, they will need leave to enter or remain in the UK under the Immigration Rules.
Transitional arrangements
Transitional arrangements were put in place following amendments to the regulations in July 2012, which allowed family members of dual nationals who had already relied upon a right of residence as the family member of that dual national to continue to enjoy a right of residence where the conditions set out below were met.
Persons residing in the UK on 16 July 2012
Persons already residing in the UK on 16 July 2012 as family members of dual nationals, and who held a valid registration certificate or residence card confirming this right on 16 October 2012 will continue to be treated as the family member of an EEA national for as long as they continue to be the family member of that dual national.
This arrangement also applies where a person had a right of residence on this basis on 16 July 2012 and had submitted an application for a document confirming this right on or before 16 October 2012.
Such persons will continue to have a right where a document was subsequently issued on the basis of this application.
Persons who had applied for an EEA family permit before 16 July 2012
A person who submitted an application for an EEA family permit as the family member of a dual national before 16 July 2012 will continue to be treated as the family member of an EEA national if both:
• the application resulted in an EEA family permit being issued (including where this document was issued following a successful appeal)
• the applicant travelled to the UK within the 6 month validity period of that EEA family permit
If the family member of a dual British citizen and EEA national meets the conditions above, they will continue to be treated as the family member of an EEA national for as long as they continue to be the family member of that dual national.
Anyone who falls within the transitional arrangements on the basis of an EEA family permit application does not need to apply for further confirmation of a right of residence in the UK.
For further information, see the Court of Justice of the European Union (CJEU) judgment in McCarthy (C-434/09)”
Возможно хорошая новость (решение не встпутило в силу):
At the same time the case of Lounes C-165/16 has now received a formal Opinion by the Advocate-General suggesting that the UK was wrong to deny EU rights to dual citizens and their family members: http://curia.europa.eu/juris/documen...t=1&cid=747813
NB2 Если читать внимательно, то вышеуказанный Guidance относится в ситуации, когда БРИТАНЕЦ так же имеет EU гражданство, в этом случае, а не когда гражданин EU становится британцем.
Тем не менее, UK BA выдвет отказы и в последних случаях, "прикрываюсь" решение по делу McCarthy.
В общем, надежда на дело Lunes, т.к. начали появляться "отказы" по ситуации, когда к EU приезжает Non-EEA и получает 5-и летний EEA Residence Permit, потом EU получает гражданство и через х лет non-EEA подает на Permanent Residence и получает "отказ" (фактически UK BA не отказывает а делает еще хуже - вчера видел просто письмо из UK BA о том, что заявение non-EEA "is treated as withdrawn.... with no right of appeal".
Войдите или Зарегистрируйтесь чтобы комментировать.