EU And British dual nationality what will happen to my Non eu partner residence card

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Dear Home Office,

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 meansI 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

Yours faithfully,
Kinga

Sebastian left an annotation ()

Hi Kinga,
My name's Sebastian and I'm polish too. As far I am concerned Poland doesn't allow us to have double nationality. If you obtain British Passport you'll have to go through the neutralisation process which means you'll lose you Polish Passport.
That's my understanding anyway.

Many thanks
Seb

Sebastian left an annotation ()

Sorry Kinga,

I read it again and I now think you meant dual as in his and your (British once you obtain the passport) nationality. Got confused.
Apologies again.

Seb

DMC (Croydon), Home Office

Dear Madam,

 

 

Thank you for your email correspondence of 23 June.  I am sorry for the
delay in replying to your email. 

 

Please be advised, your husbands Residency Card would remain valid, as
long as Treaty Rights continued to be exercised in the UK.

On completing five years in the UK as a Family Member of an EEA National
he will have to show how Treaty Rights have been exercised for that
period, in order to apply for Permanent Residency. The five year period
may come to an end before the expiry of his Residency Card, if he was a
family member prior to receiving the card.

 

I have forwarded your email to our Nationality Helpdesk to answer your
questions relating to Nationality.

 

I hope this is helpful. 

 

Yours faithfully

 

 

Emma Fields

Customer Service Operations

UK Visas and Immigration

 

 

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Dear Emma Fields,

Thanks you very much for your reply .

So Thats mean i would be ok to excercise my treaty right as dual national (British and polish ) in uk if i work continoues through out the period till my husband gets his Permanent Residency.And my husband would able to apply for his PR after 5 year for faimly permit.

Yours sincerely,

Kinga Przeliorz

DMC (Croydon), Home Office

Dear Madam, 

 

 

Thank you for your email correspondence of 23 June.  I am sorry for the
delay in replying to your email. 

 

Please be informed that your application for British Citizenship will not
affect your husband residence as a non EEA family member of an EEA
national.  He will be eligible to submit an application for Permanent
Residence under EEA Regulation on completion of the 5 years qualifying
period as per current regulation.  5 years qualifying period commences
from the date of issue of the Residence Card.

 

With regards to what happens if you do not attend Citizenship ceremony, I
have forwarded tour enquiry to the Nationality team who will respond to
you.

 

I hope this information is helpful. 

 

Yours faithfully,

 

 

John Robson

UK Visas and Immigration

 

 

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Further Nationality Enquiries, Home Office

Dear Kinga,

 

Thank you for the email, I apologise for the delay in responding.

 

If you do not attend the ceremony you will not be a British citizen.

 

Unless you have renounced your Polish citizenship you will still hold that
nationality as the UK allow Duel citizenship.

In regards to your husband, If you’re married to, or the civil partner of,
a British citizen, you can apply for citizenship if:

o you’re 18 or over
o you’re of sound mind, eg you’re able to think and make decisions for
yourself
o [1]you’re of good character, eg you don’t have a serious or recent
criminal record
o you’ve [2]met the knowledge of English and [3]life in the UK
requirements
o you’ve been granted indefinite leave to stay in the UK (or permanent
residence if you’re an EEA national) - this means there’s no specific
date that you have to leave
o you [4]meet the residency requirement

Unless your spouse or civil partner works abroad either for the UK
government or for an organisation closely linked to government, you must
usually also have:

o lived in the UK for at least the 3 years before your application is
received
o spent no more than 270 days outside the UK in those 3 years
o spent no more than 90 days outside the UK in the last 12 months
o not broken any immigration laws while in the UK

You must be free from immigration time restrictions when you apply for
naturalisation. If you are a national of a country in the European
Economic Area (EEA) or Switzerland, or you are the family member of such a
person, you will automatically have permanent residence status if you have
exercised EEA free-movement rights in the UK for a continuous five-year
period ending on or after 30 April 2006.

 

Please ensure you read the [5]guidance notes and the [6]requirements
booklet before applying.

Further information regarding naturalisation as a British Citizen can be
found at the following website links;

 

[7]www.gov.uk/types-of-british-nationality

[8]www.gov.uk/becoming-a-british-citizen
[9]www.gov.uk/government/publications/fees-for-citizenship-applications

 

Please note that as the onus is upon the individual to ensure that he/she
satisfies the requirements set out in the guidance material that
accompanies each and every application form, the Nationality Group is not
able to give, indicate or advise upon the outcome of any such application
prior to it being correctly submitted and being given full and careful
consideration. Therefore, you are advised to read through the guide prior
to submitting a future application.

 

 

 

Regards

 

M Goode

Central Correspondence team

Customer Service Operations

UK Visas and Immigration

[10]www.gov.uk/ukvi

 

We would like to hear about your experience and invite you to spend a few
moments completing this customer satisfaction survey:

[11]www.homeofficesurveys.homeoffice.gov.uk/s/108105TAZNG

 

 

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Stephane left an annotation ()

Hello, I have a very similar case and asking for clarification here: https://www.whatdotheyknow.com/request/e...