Family Member of Dual EU/UK Nationals

Applying Under the Lounes Route – Family Members of Dual British/EU Nationals  

Under the landmark Lounes judgment (C-165/16), the Court of Justice of the European Union confirmed that EU nationals who moved to the UK to exercise free movement rights and subsequently naturalised as British citizens, while retaining their original EU nationality, can continue to rely on their EU law rights to sponsor their family members.

This means that certain dual British/EU nationals are treated as “relevant EEA citizens” under Appendix EU and Appendix EU (Family Permit), allowing their close family members to apply under the EU Settlement Scheme (EUSS), even after 31 December 2020.

However, Lounes applications are among the most complex types of EUSS applications and involve interpreting overlapping definitions from multiple sources, including the Immigration Rules, the former EEA Regulations 2016, the Home Office guidance and the UK/EU Withdrawal Agreement.

Who Qualifies Under Lounes?

To rely on the Lounes case, the sponsor (the British/EU dual national) must have exercised free movement rights in the UK (e.g. worked, studied, been self-sufficient) before naturalising as a British citizen, still hold their EU nationality in addition to British citizenship, have naturalised after exercising their Treaty rights, be considered a “relevant naturalised British citizen” under Annex 1 of Appendix EU, and be someone who would have qualified for EUSS, but for the bar on British citizens applying.

The close family member must provide detailed evidence that these requirements are met and that the relationship qualifies under the definition of “family member” (e.g. spouse, durable partner, child, or dependent parent).

Who Qualifies under the definition of “close family member”?

• Your spouse, civil partner or durable partner
• Your (or your spouse or civil partner’s) child or grandchild under the age of 21
• Your (or your spouse or civil partner’s) dependent child or grandchild over the age of 21
• Your (or your spouse or civil partner’s) dependent parent or grandparent

What is the Application Process?

Application made from outside the UK:

Applicants must apply for an EUSS Family Permit by selecting the correct route on the online application portal. 

Application made from the UK:

Once in the UK, the applicant must apply for pre-settled status using a paper application form, which must be requested from the EU Settlement Resolution Centre. There is no digital route or app-based option for Lounes applicants. The evidence required will be similar to that used for the family permit.

We strongly advise seeking legal advice before applying under this route. We have successfully assisted individuals through the Lounes process and can advise you on qualifying criteria, evidential requirements, and risks of refusal.