Applying for non eea family permit using EU route
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I am a spouse of a Spanish born who also possess British citizenship acquired through her father who was naturalised British and is now retiring in Spain.
My wife has always lived and studied in Spain. As a result she has both Spanish and British and citizenships. We have been married since 2014 and we have lived together in Spain, and I currently hold 5 years Spanish residence card. I recently applied for eea family permit from British consulate in Madrid and obtained it. It is still valid until 09/11/2017.
While reading about the dilemma amid dual citizens EU/British, I am wondering if I will face any problems if at I decide to apply for 5 years residence card in the UK using EU route.
Incidentally, we are in the UK and we are gathering all necessary documents to apply for non eea family residence card of 5 years to the home office.
Could you please advise if will encounter similar problems faced by dual citizen EU/British.
Many thanks for your enquiry.
In order to fully advise you on the best course of action, we will require further information because 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).
In addition, family members of a dual national do not have a right of residence under the regulations on the basis of their relationship to the dual national.
Please see page 22 in the guidance below:
So we can advise and assist you, please email our office directly at: email@example.com