Cl is an EU national by birth but left to live in a non-EU country at the age of seven. They did not have an EU passport at that time. They were subsequently given non-EU citizenship and have a passport with ‘no recourse to public funds’ .
They came to the UK in 2014 on that passport but have now successfully applied for an EU passport as well. The cl has now applied for Settled Status
Settled Status rules seem to imply that to be granted this the claimant has to have resided in the UK as an EU citizen for at least five years. My cl has of course been residing in the UK (probably under a maintenance agreement) for longer than that but not necessarily as an EU citizen.
Does the fact that they did not have an EU passport until recently affect their status as an EU citizen living in the UK for more than five years? (I would have thought that being born in an EU country of EU parents automatically conferred EU citizenship and the non- EU citizenship only confers dual nationality without taking away the original citizenship.?)
The cl has been abandoned by their non-EU partner (and so far, does not seem to qualify for R2R in any other way) but needs to remain in the UK and hopes to get UC so Settled Status has become very important.
Any thoughts , observations or past cases welcome!