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✎ EN Res Card of Fam Member of an EEA National on a BRP ?

Discussion in 'Immigration UK' started by alecandrew, Jan 29, 2018.

  1. alecandrew

    alecandrew New Member

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    Hello,
    I am a dual British / French national.
    My Indian wife joined me in the UK and received a "spouse - Leave to Enter - Work permitted" British Residence Permit. We applied for this through my British passport.

    As I am also French, from the EEA, I would like to ask if anybody please knows if it is possible to "add" to her British Residence Permit "Residence Card of a Family Member of an EEA National". This text is not present on the card at this moment.

    Thank you in advance for your help !
     
  2. Cyrilexpat

    Cyrilexpat Moderator
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    The BRP gives her the same right, whatever she is a family member of a EEA national.
    I assume you are asking that in the forecast of changes with Brexit.
    When Britain leaves completely the EU (as of today the EU commission said that they will request freedom of movement for the interim period), maybe in 2021, and if there is no specific agreement with specific documents to sustain I assume you will need to request a Schengen Visa for her (that she should get).

    However you might consider asking for the French nationality for your wife (I think after 3 or 5 years of being married, can't remember) so it should be easier then.
     
  3. alecandrew

    alecandrew New Member

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    Merci,
    The reason I was asking was for the purpose of planning a trip to France. If she has a BRP without the text "family member of an EU citizen" then it is less straightforward to plan, as a Shengen VISA is required.
     
  4. Cyrilexpat

    Cyrilexpat Moderator
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    For a EEA resident, the BRP says "UK RESIDENCE DOCUMENTATION FOR A NATIONAL OF AN EEA STATE". I am not aware of anything stating FAMILY MEMBER.
     
  5. joneeboy74

    joneeboy74 Well-Known Member

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    Just in case anyone else asks a similar question, according to EU law,Family member of a dual nationality EEA national cannot be claimed in the UK if the EEA national living in the UK, is a UK citizen, and likewise, a UK citizen, while living in the UK cannot claim any advantages of another EU nationality. There is an exception, but it relates to case where both have been resident in another EU country for 6 months prior to entering the UK. Even though we are now within days of Brexit, it seems the same rules will apply to at least the end of 2020.
     
    #5 joneeboy74, Mar 20, 2019
    Last edited by a moderator: Mar 20, 2019
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