We are often asked about the right to reside in the UK for family members of a dual British and EEA national under the EEA Regulations. These are known as so-called ‘Lounes’ cases after the Court of Justice of the European Union case of that name (C-165/16).
Getting advice on EEA dual nationality cases
You should consider getting specialist immigration advice as the rules and evidential requirements are hard to understand, and, if your application is refused, you may have to go through a lengthy and costly appeal process. Getting legal advice and representation at the initial stage of application may cost you a little, but it can save a lot of your time and hassle.
Dual EEA National’s Right of Free Movement
The applicable legal requirements for these kinds of applications are at regulation 9A of the Immigration (European Economic Area) Regulations 2016 (as amended) (the 2016 Regulations) and should be treated as if they were in force at all relevant times.
A dual British and EEA national will continue to be an EEA national for the purposes of the 2016 Regulations, as defined in regulation 2(1), if:
•♠ the dual British and EEA national exercised EEA free movement rights in the UK as a worker, self-employed person, self-sufficient person or student, or had a right of permanent residence in the UK prior to the acquisition of British citizenship
• ♠ later on became a British citizen, while also retaining their nationality of origin
• ♠ the dual British and EEA national continues to exercise Treaty rights or holds a right of permanent residence
If the criteria above is met, the dual EEA national and their non EEA family members will continue to be eligible to apply for the EEA residence documentation available under regulations 12, 17, 18 or 19 of the 2016 Regulations.