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Topic: USC entering LHR with dual USC/ EU national  (Read 2003 times)

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Re: USC entering LHR with dual USC/ EU national
« Reply #15 on: February 25, 2017, 11:29:40 AM »
Sirius, I think KFdancer is referring to Dame Maggie's situation.

Opps. thanks. It's one of those days ;D

But the "partner" bit and the need for an RC is still true for Bertine if she is isn't married to her EEA citizen?  A spouse has an automatic right under EU laws to live in another EEA country with their EEA citizen spouse, if that spouse is being a qualfied person at all times or has PR in that country, but an unmarried partner does not have that right.
« Last Edit: February 25, 2017, 12:07:34 PM by Sirius »


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Re: USC entering LHR with dual USC/ EU national
« Reply #16 on: February 25, 2017, 04:59:29 PM »
Sometimes I post a question on behalf of someone else.

But my relationship status has changed in the past couple of years, yes.

Being a bit nosey, but you used to post a lot about coming to the UK to live with a UKC.  Has your relationship changed or did you partner obtain Sweidish citizenship.

I only ask because if he's still a UKC, you can't use the EU path.  He would need to renounce his British citizenship.


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Re: USC entering LHR with dual USC/ EU national
« Reply #17 on: February 25, 2017, 05:04:19 PM »

Which could be invalidated depending on how hard Brexit ends up being? That's my concern.


You switch to an EEA Residence card, which costs £65 and lasts 5 years.


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Re: USC entering LHR with dual USC/ EU national
« Reply #18 on: February 25, 2017, 05:08:30 PM »

Thank you all for your detailed  and quick replies!

I think he'd definitely be qualified financially and purchasing comprehensive insurance for both of us would be no problem.

Another thing: do I need to apply for the EEA family permit in the US or can I do it from another country (not necessarily Sweden)?



No. He has 3 months on that FP and after that he must be what ksand said, a "qualified person" to be legally in the UK (have a "right to reside" under EU laws).

Under EU law, EEA citizens only have an automatic right of 3 months to visit another EEA country. To reside legally after that 3 months, they must be a "qualified person". They can become a "qualified person" at any time during that 3 months that they are allowed to visit.

Other EEA countries only give a three month FP but the UK gives a 6 months end date, However, an EU "permit" or "card" is nothing like a UK immigration rules "visa". The UK's "visa" has an end date but with the EUs "permit" or "card", that end date can become invalid as soon as the EEA citizen fails to keep to EU free movement Directives.

Your husband needs to read all these rules and keep to them to be legally in the UK AND keep up to date with all the changes the UK makes, changes that the UK makes all the time. It is the EEA citizen's responsibilty to keep up with all these changes to ensure they remain legally in the UK.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/588174/EEA-qualified-persons-v4_0EXT.pdf

But since that guidance was publshed, the UK has made some more changes for those using EU laws and EU court rulings to resdie in the UK.

i.e. The February 2017 'jobseeker qualified peson' changes will affect a lot as the UK has reduced that to a 91 days limit from when they arrive and they need proof they were jobseeking and stood a chance of getting a job.  This 91 days limit, like other changes the UK has recently made, probably flies in the face of EU laws and EU court rulings but hey, what is the EU going to do about it? Throw the UK out?


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Re: USC entering LHR with dual USC/ EU national
« Reply #19 on: February 25, 2017, 06:57:33 PM »
Sometimes I post a question on behalf of someone else.

But my relationship status has changed in the past couple of years, yes.

No worries, just making sure things weren't more complicated.   ;D

Yes, Brexit WILL affect EU citizens living in the UK and no one knows how or when.  Moving here now is a very real risk.


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Re: USC entering LHR with dual USC/ EU national
« Reply #20 on: February 25, 2017, 11:53:04 PM »
Yes!  Bertine is the poster child for how to do things right with EU residency inside the UK.   ;D

LOL thanks - we've tried hard! :)

If anything the rules have changed considerably since we arrived 3 years ago before all this CSI stuff and proof etc.

And yes, I got that RC sorted a long time ago - that was pretty critical for employment.


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Re: USC entering LHR with dual USC/ EU national
« Reply #21 on: February 26, 2017, 10:27:25 AM »
If anything the rules have changed considerably since we arrived 3 years ago before all this CSI stuff and proof etc.

The CSI was a requirement if you only arrived 3 years ago. That CSI requirement for free movement was brought in by the EU 13 years ago in 2004, under Directive 2004/38/ECI.

The rules on proof hasn't changed as it has always been on the EEA citizen to ensure that they are lawfully residing in another member state at all times after that first 3 months the EU allows them. That is why the end date on an RC means nothing as an RC becomes invalid if the EEA citizen sponsor ceased to be a qualified person.

The UK has just got better at checking for all this when they apply for British citizenship by having an EU application checking team at UKVI. This EU team was started long before the Brexit vote in June 2016. And the 2015 Immigration Act made working in the UK when not being in the UK lawfully, a criminal offence from June 2016.
« Last Edit: February 26, 2017, 11:56:38 AM by Sirius »


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