Brexit has brought numerous vulnerabilities for some, European residents living and working in the UK with respect to their and their families' privileges. The ongoing milestone instance of Lounes C-165/16 affirmed a free development for relatives of European double nationals, after the much-anticipated thought of the European Court of Human Rights.

Beforehand, the Home Office declined Mr Toufik Lounes, an outstayed Algerian resident the option to remain in the UK and live with his double national mate. His better half Spanish national was naturalized as a British Citizen in 2009 and at present holds two nationalities.

Mr Lounes applied for an EEA Residence Card yet was cannot. Since July 2012, EEA Regulations has been refreshed to block double EEA and British residents from profiting by EU law. Specifically, translation of "EEA national" in Regulation 2 has been revised to signify: "a national of an EEA State who isn't likewise a British resident".

The Home Office as a result fused McCarthy judgment gave in 2014 which confirmed that an individual who holds the nationality of the host Member State and has never practiced their privilege of free development and home, doesn't profit by the conditions of the Free Movement Directive.

The use of the law has been tested by Mr Lounes. On fourteenth November 2017, the ECJ decided that spouse had practiced her opportunity of development rights by going to and living lawfully in another Member State, in this manner she can't be treated similarly as a conventional residential resident. It was expressed that EU residents ought to have the option to keep on appreciating the option to lead an ordinary family coexistence with their relatives in the host Member State in the wake of gaining the nationality of that State. As Mr Lounes' significant other acquired citizenship as an expansion to her nationality of beginning, she can practice her entitlement to construct a family existence with her third-nation national mate.

The judgment will positively affect various EEA nationals living in the UK. Since Brexit, numerous EEA nationals chose to apply for British nationality, yet the primary concern was the considerable impact on their relatives. As often as possible, EEA nationals couldn't meet progressively prescriptive, costly and essentially tangled UK Immigration Rules to make application for their relatives. It gives the idea that now the issue has at last been explained and double British/EEA nationals will in any case have the option to profit by EEA Regulations.

The decision has now occurred, however it is yet to be actualized. Home Office representative stated: "We are auditing the judgment and cautiously thinking about its effect." It is yet hazy when changes set up in Lounes judgment will be actualized in the UK enactment, in this manner permitting potential candidates to practice their privileges.

There are additionally sure restrictions that should be thought of. Specifically, the decision doesn't ensure family rights for those EU residents who turned into a resident of another Member State and disavow or lose their unique citizenship, for example citizenship of the EU part state from where they had moved.

Furthermore, an individual conceded subsidiary rights to remain in the UK as a relative of double EEA/British resident may confront issues with settlement later on. The contention is that subordinate rights introduced by Lounes won't include whenever spent in the UK towards the obtaining of an option to live forever in the UK.

There is extra vulnerability on whether those rights will be accessible for other EU nationals in the wake of arriving at a choice on Brexit in March 2019. On the off chance that the agreement on free EU development won't be reached and the opportunity of development among Britain and the EU will stop, the European nationals won't have a chance to bring their third-nation relatives under the new decision.