If the non EEA family member had been issued with a PR card, there is no need to use the Lounes paper application. They can apply in the usual way, using their PR card number to prove relationship and residence.

See: Applying with PR


There is no time limit for close family members of EEA nationals with settled or pre-settled status in the UK, to join their family members here, provided the relationship existed before the end of the transition period, which is the end of 2020. This applies to spouses and civil partners, since the relationship with parents, grandparents, children and grandchildren would have been in place since birth.

Please refer to this post regarding the impact of naturalisation on applications for family members under the EU Settlement scheme: Lounes applications

...where you'll find the following:

Although the Lounes case makes it possible for dual UK/EEA nationals, to sponsor family members under the EU settlement scheme as above, applications for family members of EEA nationals who are also UK nationals ("Lounes" applications) are considerably more complex than regular applications where the EEA national is not a UK national.

Applications have to be made using a paper form which is only available on request, after answering a number of questions, and it's over 40 pages.

While regular applications under the EU settlement scheme are based purely on residence, Lounes applications involve the dual national exercising Treaty Rights in accordance with the EEA Regulations.

EEA nationals wishing to sponsor family members under the EU settlement scheme may find it easier if they apply for settled status for themselves and their family members first, before applying for British citizenship.

Treaty rights and/or permanent residence requirement to sponsor family members under the EUSS

The EU Settlement Scheme is based purely on residence and does not require EEA nationals to exercise treaty rights in accordance with EU rules. As settled status can be used to apply for British citizenship, this makes it possible for EEA nationals who were not exercising treaty rights, nor acquired PR status, to obtain British citizenship. Before the EU Settlement Scheme was in place, EEA nationals would have required a PR card to apply for British citizenship, which in turn required exercising treaty rights for a continuous 5 year period, or else being sponsored by someone who had done so.

As the Lounes judgment is based on EU rules, the application form for family members of EEA nationals who have naturalised as British does include a number of questions regarding whether the EEA national was exercising treaty rights or had acquired the right of Permanent Residence, before becoming British. EEA nationals who applied for British citizenship with a PR card would meet this criteria, however, those who apply using settled status may not. This can pose a problem when it comes to sponsoring family members.

As can be seen in the screenshot below, taken from the evidence section of the paper application form (a.k.a. "Lounes" application), the naturalised EEA national wishing to sponsor a family member is required to provide evidence of exercising treaty rights and/or having acquired PR status before becoming British:

Click image for larger versionName:	LounesFormTreatyRights.PNGViews:	2Size:	377.8 KBID:	17301

EEA nationals who naturalise after the the family member has pre-settled status

Even though pre-settled status allows the family member to live in the UK and enjoy full rights for 5 years, the holder is meant to apply for settled status once they have lived here, and been in a relationship with the family member, for 5 years. People with pre-settled status need to submit a new application for settled status, this time showing evidence of residence for 5 years. If the EEA national has naturalised in the meantime, then the family member will be required to use the paper form to apply for settled status, which requires supplying all the evidence above. The same paper form is used to apply for pre-settled and settled status.

Click image for larger version  Name:	LounesSettledOrPresettled.PNG Views:	1 Size:	84.1 KB ID:	17447
Applying with PR