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8. “Extended family member”
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9A. Dual national: national of an EEA State who acquires British citizenship

Family members of British citizens

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Since British citizens are no longer EU Citizens, this section has been omitted.

Please check the immigration rules for categories in which you can apply.

C-370/90 The Queen v Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State for Home Department is the basis on which British Citizens can take advantage of the EU rights of residence for their non-EU family members when they have lived in another member state before returning to the UK.

C-60/00 Mary Carpenter v Secretary of State for the Home Department extends the right to non-EU family members who are married to a British Citizen who are providing cross-border services to another EU member state, where refusing residence would restrict the provision of services.

C-109/01 Secretary of State for the Home Department v Hacene Akrich the judgement basically deals with the issue, where a couple delibrately moves to another member state to come back and take advantage of the “Surinder Singh” route, which is generally allowed if the marriage is genuine and treaty rights were correctly exercised in the other member state.

C-434/09 Shirley McCarthy v Secretary of State for the Home Department limits the scope of Akrich where the British national is also a national of the member state which they travel to. In this case McCarthy was considered British in the UK and Irish in Ireland, and had therefore not made use of freemovement rights to take advantage of the rights of residence.

C-456/12 O. v Minister voor Immigratie, Integratie en Asiel and Minister voor Immigratie, Integratie en Asiel v B. extends the right to non-EU family members who are married to a British Citizen who are returning to their home state after short periods of residence in another Member state. Related to the “Centre of Life” test.

C-457/12 S. v Minister voor Immigratie, Integratie en Asiel and Minister voor Immigratie, Integratie en Asiel v G. extends the right to non-EU family members who are married to a British Citizen that regularily travelling to another EU member state in the course of their employment where refusing residence would restrict the provision of services.

C-133/15 - Chavez-Vilchez and Others allows a person to be recognised as a “primary carer” if they are the sole carer or if they share equally the care with another person, regardless of whether that person is an “exempt person” within the meaning of regulation 16(7)(c).

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8. “Extended family member”
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9A. Dual national: national of an EEA State who acquires British citizenship


 

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