Non EEA family member like my wife may lose her rights under EU law to apply for PR. She is due to apply for her PR after 5 years now. Since I became British recently HO says she lost that right to apply under my EU nationality grounds (polish). Then Lounes judgement came on 14th Nov 2017, . 165/15 which backed up the rights to be continued under EU rights for families of dual citizens. My question is whether HO may question that and reject application for PR (EEA) as it has not been implemented into law since final judgement of ECJ? HO still follows old guidance when replying the queries relating that. . My wife is on EEA family permit since 2013 and I became British on March 2017.HO said she needs to return and apply from beginning.

Areas of Expertise: 

Public Answer: 

Dear Sir,

Many thanks for your immigration enquiry.

In situations like this where you were previously exercising treaty rights the engagement of treaty rights means that your wife should be able to continue under the EEA route to settlement. As such it would appear that you would certainly have good grounds for challenging the decision.

One of our solicitors will contact you shortly.

Best,

OTS Solicitors

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