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EU family members’ rights

Family members ‎of EU nationals can join them in another member state if the EU national is exercising treaty rights, for example, studying or working.

The EU national may qualify for permanent residence after a qualifying period of time in the UK. Once an EU national is granted a right to permanent residence, he or she may then apply for British citizenship. One would assume that this also means that they can enjoy family life in the UK.

Until now this has not been so, but the position may be about to change. Once an EU national becomes a British citizen, he or she is no longer entitled to rely on EU law and the rights derived from it for family members.‎ However, the EU’s Advocate-General has given an opinion in Lounes (C-165/16) that non-EU family members should be able to remain in the UK with their dual EU and British family member. Ms. Ormazábal, a dual Spanish and British national, married Mr. Lounes, an Algerian national. The Advocate-General considered that the treatment of Ms. Ormazábal (the dual national) should be no less favorable than before her naturalization, or than would be granted to her if she was forced to move to another EU state to keep her family together.

While this is only the Advocate-General’s opinion, and is therefore only advisory and non-binding on the Court of Justice of the European Union, it is rare for the Advocate-General’s opinion to not be followed. The 15 judges at the CJEU will consider the case in the summer.

This could have a far-reaching ‎impact on EU nationals who wish to obtain dual citizenship to be sure of their right to remain in the UK once the UK leaves the EU. Previously EU nationals have held off naturalizing as British citizens for fear that their family members would not be able to remain in the UK. We will watch the progress of this case carefully and bring you an update as soon as there is more news.

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EU family members’ rights

Canadian Citizenship – proposed changes

Canadian pins photo

The Canadian government has tabled proposed amendments to Citizenship Act which focuses on “strengthen the value of Canadian Citizenship.” The main changes for applicants include:
1. Increase in the amount of time required for permanent residents to live in Canada (physical presence) – 4 out of 6 years to qualify
2. Proof of language proficiency in English or French will be required for all applicants who are 14 to 64 years of age
3. Effective immediately, increase in the application fee to $300 plus a Right of Citizenship Fee of $100 for applicants over the age of 18 and $100 for applicants 18 and under

Processing times are anticipated to be reduced signficantly by 2015 as a result of the amendments.

For further details on all of the proposed changes see Strengthening and Modernizing the Citizenship Act.

 

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Canadian Citizenship – proposed changes