EEA Family member

[giruz]

Hello,

I am a dual national holding both UK / Italian citizenship, my wife has UK / Thai and we live in London.

 

We would like to get my mother-in-law to visit and I was hoping I could get her to apply for an EEA Family member permit (given that is free). She is just coming to see us (she's been here twice before) and she'll stay for approximately 3 weeks.

 

My guess is that I can't get her to apply for EEA Family member permit given that I am now a UK National but I was hoping someone here would comment on my understanding and perhaps tell me I'm wrong :-)

 

thanks!

[post]

5 hours ago, giruz said:

..... (she's been here twice before) .....

Did she come by using EEA Family Permit before you became a UK citizen? 

Edited March 11, 2019 by post

[7by7]

The directive does not apply if the non EEA national is visiting the member state of which their sponsor is a national, except in certain circumstances which do not apply here. This means that neither you nor your wife can use your British nationality to sponsor your motfher in law's EEA family permit for the UK.

 

You may be able to use your Italian nationality, though; but it can be complicated. If I have understood the ECJ ruling correctly you must have first come to the UK as an Italian exercising a treaty right and then, in the fullness of time, nationalised as British.

 

Of course, this all may very well become moot after 29th March!

 

 

[giruz]

Hi, 

 

I arrived in 2007 as Italian while my wife landed as Eea family member. 

 

She become British in 2014 and she's now entering the UK using her British passport. 

 

I obtained British citizenship in 2017 but I don't have a British passport. I always use my Italian one to enter and leave. 

 

Does this mean mean we can go the Eea way? 

 

(my mother in law entered using a UK tourist visa. The first time she travelled due to a medical emergency and that was the quickest way to get all docs together and apply, the second time was just a bit later before the visa expired) 

 

Thanks 

Edited March 11, 2019 by giruz
Contex

[7by7]

9 hours ago, giruz said:

I arrived in 2007 as Italian......I obtained British citizenship in 2017

 

In which case I am fairly certain that you can use your Italian nationality to obtaoin an EEA family permit for your mother in law to visit you in the UK.

 

My suggestion is to apply; as the application is free then if she is refused you wont have lost anything and if necessary she can then apply for a UK visit visa.

 

BTW, further to

14 hours ago, 7by7 said:

Of course, this all may very well become moot after 29th March!

From Apply for an EEA family permit from outside the UK

Quote

There will be no change to the rights and status of EU citizens currently living in the UK until 30 June 2021, or 31 December 2020 if the UK leaves the EU without a deal. 

 

[giruz]

Thanks ????