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Position of Residence card holders should UK leave the EU

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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sarah82
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Posts: 62
Joined: Sun Jul 03, 2011 6:18 pm

Position of Residence card holders should UK leave the EU

Post by sarah82 » Tue Jan 31, 2012 4:12 pm

Hi Forum,

Apologies if this question has already been asked by anyone else,

But out of curiosity, what would holders of a residence cards do if the UK were to pull out of the EU altogether and cease being a member state?

I am aware that Norway is not an EU member state and yet freedom of movement still applies to their citizens, so would the Directive 2004/38/EC still have to be upheld in the UK?

I mean if we left the EU, when it became time for the Non-Eea family member to apply for permanent residence under European Immigration regulations, would they still be able to do that? Or would they be expected to apply for ILR at the end of the 5 year RC?

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Tue Jan 31, 2012 4:18 pm

Anyone answering this can only speculate, the government would have to call a referendum to leave the EU which in itself would take months to plan, if it were to happen again this would be months/years down the line - the terms of leaving/whether the UK remained part of the EEA can also only be speculated upon, honestly, i think you are wasting your time worrying out this and the effect it would have on EEA nationals/family members applying for PR - as even if the UK left the EU/EEA, they would also have to make specific provisions for people in this scenario.

Punjab
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Posts: 637
Joined: Mon Mar 24, 2008 1:22 am
Location: in your heart

Post by Punjab » Wed Feb 01, 2012 1:23 pm

i don't think it will affect the status of people who have appiled for eea1-2-3-4 before the day UK will leave EU as same in HongKong its was a british colony and people who born there ebfore britishers left it can still have british passport.

How to tell if you are a British citizen
If you were born before 1 January 1983

On 1 January 1983, you became a British citizen if both of these applied:

you were a citizen of the UK and Colonies on 31 December 1982

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Wed Feb 01, 2012 1:41 pm

It is highly unlikely UK will ever leave the EU.

I personally believe it will be in the EU's best interest forUK to leave, and it will be to the UK's detriment.

Even if they decided to leave and the Eurosceptic or shall is say Euro Phobic Brits decided to supports such move in a referendum, it is very highly unlikely that UK will not be part of EEA, and free movement will still continue.

If all the above doesn't happen, it is questionable whether the UK will be able to adopt wide scale expulsion without being in breach of ECHR principle, when these people have established private or family life in the UK, set up homes.

In light of my above assessment, i very much doubt that EEA national or their family members should loose sleep over that isssue.
Smooth seas do not make skilful sailors

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