Green text indicates changes from the original version of the legislation.
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9A. Dual national: national of an EEA State who acquires British citizenship
(1) In this regulation “DN” means a person within paragraph (b) of the definition of “EEA national” in regulation 2(1).
(2) DN who comes within the definition of “qualified person” in regulation 6(1) is only a qualified person for the purpose of these Regulations if DN—
(a) came within the definition of “qualified person” at the time of acquisition of British citizenship; and
(b) has not at any time subsequent to the acquisition of British citizenship lost the status of qualified person.
(3) Regulation 15 only applies to DN, or to the family member of DN who is not an EEA national, if DN satisfies the condition in paragraph (4).
(4) The condition in this paragraph is that at the time of acquisition of British citizenship DN either—
(a) was a qualified person; or
(b) had acquired a right of permanent residence in accordance with these Regulations.
Related Case Laws
- C-165/16 – Toufik Lounes v Secretary of State for the Home Department provides that a national of an EEA State who is also a British citizen, where British citizenship was acquired after the EEA citizenship and after Treaty rights had been exercised in the UK, may continue to be treated as an EEA national, subject to the requirements of new regulation 9A(2) to (4).
Footnotes
None