tag:blogger.com,1999:blog-8704899696538705849.post1492872068280303085..comments2024-03-28T02:32:17.979-07:00Comments on EU Law Analysis: Dual citizens and EU citizenship: clarification from the ECJSteve Peershttp://www.blogger.com/profile/05869161329197244113noreply@blogger.comBlogger56125tag:blogger.com,1999:blog-8704899696538705849.post-55106164945955460072022-07-13T00:04:28.405-07:002022-07-13T00:04:28.405-07:00This comment has been removed by a blog administrator.Florence Turhttps://www.blogger.com/profile/08641958832294083895noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-27386991681497104752022-06-27T23:44:08.599-07:002022-06-27T23:44:08.599-07:00This comment has been removed by a blog administrator.Florence Turhttps://www.blogger.com/profile/08641958832294083895noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-19289414150659112972022-06-22T21:55:16.643-07:002022-06-22T21:55:16.643-07:00This comment has been removed by a blog administrator.Florence Turhttps://www.blogger.com/profile/08641958832294083895noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-62754471950200041932020-09-30T12:00:09.245-07:002020-09-30T12:00:09.245-07:00Nice Post, thanks for sharing this helpful article...Nice Post, thanks for sharing this helpful article!<br /><br />You can apply for Irish citizenship if your parents or grandparents are Irish, or fulfill certain residency criteria. You might need to have your birth entered into the foreign birth registers and claim your <a href="https://sinnott.ie/irish-citizenship/" rel="nofollow">Irish citizenship</a> before you obtain your Irish passport or be able to move on. You can easily get the information from the citizenship information website if you are applying for citizenship through descent depending upon your age and birthplace.<br /><br />Sinnott Solicitorshttps://www.blogger.com/profile/01038879856541334987noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-2231907818278562832018-10-15T07:58:19.598-07:002018-10-15T07:58:19.598-07:00I can't answer about individual cases but in p...I can't answer about individual cases but in principle the UK government has now implemented the Lounes judgment, so dual citizens of the UK and another EU Member State can rely on EU free movement law to obtain entry for their non-EU spouse. It would be best to consult a lawyer for the details. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-19351355566717952302018-10-15T06:10:27.564-07:002018-10-15T06:10:27.564-07:00This comment has been removed by the author.Anonymoushttps://www.blogger.com/profile/15445076173665172309noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-42544485150959828342018-07-04T07:35:43.132-07:002018-07-04T07:35:43.132-07:00Many thanks for taking the time to reply.Many thanks for taking the time to reply.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-9422087038179275302018-06-25T09:22:39.952-07:002018-06-25T09:22:39.952-07:00They mention their intention to bring in changes t...They mention their intention to bring in changes to the immigration rules to deal with Lounes soon, and incorporate them into the settled status scheme. Those changes are not with us yet. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-5347472142450287442018-06-23T11:05:21.283-07:002018-06-23T11:05:21.283-07:00Dear Professor Steve, the HO has mentioned Lounes...Dear Professor Steve, the HO has mentioned Lounes judgement in settled status application scheme, published on 21/6/18 (pages 24 and 53). So it seems that all is sorted now? Many thanks. Regards. LauraAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-14550219757371506942018-05-04T00:14:13.737-07:002018-05-04T00:14:13.737-07:00Remember the result has to be implemented in UK la...Remember the result has to be implemented in UK law first; and there is the possibility that the UK will try to unpick it after Brexit day. In principle the answer is yes, but anyone who would consider this should hesitate and look into the details of how it might affect their family's individual position and what might happen after Brexit day.Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-13617011317046992992018-05-03T15:27:10.529-07:002018-05-03T15:27:10.529-07:00Hello mr Steve.
Do you think in lounes judgment m...Hello mr Steve. <br />Do you think in lounes judgment means that EEA nationals are free to progress to British citizenship without first weighing up the effect it will have on their TCNs family members?<br />Thanks for your time Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-12922659381231566582018-05-01T06:01:11.014-07:002018-05-01T06:01:11.014-07:00Thanks a lot for your answer. I was hoping that th...Thanks a lot for your answer. I was hoping that this could happen in analogy with the High Court outcome on 25/4. So we have to wait until the HO amend the Regs and let's hope it'll be soon. Regards. LauraAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-78818414161032410822018-04-30T06:53:15.884-07:002018-04-30T06:53:15.884-07:00Thanks for your question. As far as I am aware the...Thanks for your question. As far as I am aware the common law won't change the position as regards this issue - it will depend on the amendment of the Regs. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-22184616542431312092018-04-27T06:56:06.313-07:002018-04-27T06:56:06.313-07:00Dear Professor, after the High Court hearing on Lo...Dear Professor, after the High Court hearing on Lounes case, will other Judges follow Lounes ruling (Common Law) before the amendment of the EEA Regs? Many thanks, LauraAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-44245328392876427072018-04-27T02:37:08.461-07:002018-04-27T02:37:08.461-07:00I can't answer individual questions but in pri...I can't answer individual questions but in principle once the EEA Regs are amended to give effect to the latest development any non-EU citizens married to a dual EU27/UK national should be able to claim permanent residence by analogy with the rules set out in the free movement Directive: see the discussion and link on this point in the blog post.Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-18322016556879118962018-04-27T02:26:24.041-07:002018-04-27T02:26:24.041-07:00Hello Mr steve
I'm non eu national
I got marr...Hello Mr steve<br />I'm non eu national <br />I got married in may 2013 to eu citizen and recently in January 2018 my wife became a British citizen and we weren't aware of the effects of dual nationality. <br />And here is my question and can you please answer it? <br />Do you think i can apply for my permanent residence in May 2018 under lounes case and carry on normal life? Or <br />I will issued another 5 years under lounes case? <br />By the way lounes case has determined by the high Court on 25 April 2018<br />And home office agreed to amend the EEA regulations. <br />Many thanks in advance Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-64460429816165545562018-03-26T06:20:12.001-07:002018-03-26T06:20:12.001-07:00Because there are parts of that judgment that refe...Because there are parts of that judgment that refer to dual nationals generally, and parts that refer to the supposed lack of exercise of free movement. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-73187017651748940802018-03-26T03:12:49.509-07:002018-03-26T03:12:49.509-07:00Hello Steve... You question whether the court'...Hello Steve... You question whether the court's decision rests upon " the mere fact that Ms McCarthy was a dual citizen of two Member States" or upon the fact that she is a dual citizen who has not exercised her right to free movement....I thought the court had made it clear that the decision was down to McCarthy's failure to exercise her free movement rights....I suppose my question is how and why could/would it rest on the mere fact that she was a dual national? Thank you in advance. Kind regards, AndreaAnonymoushttps://www.blogger.com/profile/00909747073630188643noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-29174994395753306472018-03-08T01:03:43.091-08:002018-03-08T01:03:43.091-08:00Just to clarify. UK nationals living in Spain can ...Just to clarify. UK nationals living in Spain can apply for (and be granted) naturalisation in Spain. What they cannot be is dual nationals as they would have to relinquish their UK nationality when becoming Spaniards. This follows from the Spanish constitution and it could not be modified through a simple legal modification. It would require a constitutional reform. Interestingly enough, it would be legal for that person to recover the UK nationality after naturalisation (or never loose it if the UK denies the renunciation)ad be a dual national.JMnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-57702974232959445582018-03-04T14:07:21.588-08:002018-03-04T14:07:21.588-08:00That's the sort of idea that narrow-minded ind...That's the sort of idea that narrow-minded individuals like Nick Timothy might conceivably push for; but then again he is blamed for losing the Conservative party its majority with his approach. There are obvious issues about how it would apply in Northern Ireland. Hard to get it through Parliament, at least with the current numbers. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-71505848404109317692018-02-28T05:03:37.946-08:002018-02-28T05:03:37.946-08:00Mr Peers, many thanks for this. I have a worrying ...Mr Peers, many thanks for this. I have a worrying thought that post brexit (if it happens) the UK may well want to scrap the right to dual nationality. What do you think? Thanks.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-31496519725950714862018-02-01T09:32:00.287-08:002018-02-01T09:32:00.287-08:00Dear Sir
My question is with regards to Toufik L...Dear Sir <br /><br />My question is with regards to Toufik Lounes v the Secretary of State for the Home Department (C‑165/16). I would really appreciate your kind help to resolve this puzzle. If someone before naturalising as a British National, was himself a Direct/Core Family Member (Article 2 (2) (a) of the Directive 2004 38 EC) of an EEA national (Polish) in another member State (Cyprus), then both had moved to the United Kingdom, in 2006 from Cyprus after getting EEA Family Permit for non-EEA family member. The Non-EEA family member then had completed the qualifying residence period of 5 year in the State (UK) and he was granted Permanent Residence and then he naturalised as British Citizen, would this judgement apply to this scenario.<br />Many thankAdnanhttps://www.blogger.com/profile/01717002767189296814noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-17381873278481342112018-01-26T04:54:18.139-08:002018-01-26T04:54:18.139-08:00Interesting question. I wonder if it's necessa...Interesting question. I wonder if it's necessary to examine the position of such a child separately from the parents; if one or both of them are EU citizens who have moved then their child would be covered as a family member. As far as I can see the issue would only arise if the child become old enough to marry a non-EU citizen, in which case the issue would be whether the child has moved within the EU or not. As to the definition of moving, the ECJ case law from 2014 says that returning EU citizens' rights under the 'Surinder Singh' case law are only triggered if an EU citizen has lived for over three months in another Member State.Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-81317085835612011212018-01-26T04:48:01.053-08:002018-01-26T04:48:01.053-08:00I can't advise on individual cases, but in pri...I can't advise on individual cases, but in principle Lounes should apply to a case like this. As far as I know there's no Home Office response, but keep checking.Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-91161261504323578072018-01-26T04:47:08.687-08:002018-01-26T04:47:08.687-08:00It should do, although in that scenario Spanish la...It should do, although in that scenario Spanish law would have applied to the question of whether her spouse could have joined her in Spain (assuming she had not otherwise moved within the EU first).Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.com