BREXIT WITHDRAWAL AGREEMENT.

Here is the Brexit Withdrawal agreement.



In some aspect, it seems more better than Directive 2004/38EC.

The points worth highlighting in the Citizens' Rights part of the Brexit Agreement.

Extended Family Members (other than durable partners) are excluded from the scope of the Withdrawal agreement and explicitly put under national jurisdiction(Paragraph 14).

Documentation for rights under the Withdrawal Agreement and applications for such documentation can be made mandatory and won't be automatic, as it is now (Paragraph 16)

PR preserved if absent from the UK for a period of less than five years, as opposed to two years under the current Directive 2004/38/EC (Paragraph 25)

Citizens rights will be incorporated into UK law by primary legislation (Act of Parliament), which can only be repealed explicitly (normal Acts of Parliament can be repealed implicitly). (Paragraph 36) - It is worth understanding that in terms of UK constitutional law, no Parliament can bind its successor and any Act of Parliament (or its equivalent) can be repealed by Parliament. Most parts of the Magna Carta have been repealed and replaced, in spite of its iconic status.

UK courts are to have "due regard" of CJEU decisions post-Brexit. They can also ask the CJEU questions on EU law (as they can now), but only for cases commenced within 8 years of Brexit (Paragraph 38)

The implications of the Withdrawal agreement on the future of the SS Route and Zambrano carers are unclear.

Brexit Breakthrough Risks Leaving Brits in Europe ‘Landlocked’

But while the deal protects the rights of expat Brits in their host EU member state “it would appear there won’t be new freedom of movement,” according to Liz Barratt, an immigration lawyer at Bindmans in London.

“A U.K. citizen living in France isn’t going to have the right to move to Italy under European law once the U.K. leaves.” It’s possible that some other agreement could be reached that would allow this, she says, but the current agreement doesn’t.

secret.simon wrote: ↑

Sat Dec 09, 2017 7:50 am

Extended Family Members (other than durable partners) are excluded from the scope of the Withdrawal agreement and explicitly put under national jurisdiction(Paragraph 14).

Wasn't this always the case? for extended family members, it was the member state exercising 'discretion' under its national law.

secret.simon wrote: ↑

Sat Dec 09, 2017 7:50 am

The implications of the Withdrawal agreement on the future of the SS Route and Zambrano carers are unclear.

The joint tehnical note seems to suggest the Surinder Singh and Lounes case will be covered by the withdrawal agreement but there remains a question mark over Zambrano carers.

EU Citizens and UK nationals resident in accordance with Article 21 TFEU.

https://ec.europa.eu/commission/sites/b ... _table.pdf

Does anyone know what's happening with the EEA2 residence card applications that are in process?

eeaprneu2 wrote: ↑

Sat Dec 09, 2017 11:25 am

secret.simon wrote: ↑

Sat Dec 09, 2017 7:50 am

Extended Family Members (other than durable partners) are excluded from the scope of the Withdrawal agreement and explicitly put under national jurisdiction(Paragraph 14).

Wasn't this always the case? for extended family members, it was the member state exercising 'discretion' under its national law.

Secret Simon's post is not clear, what he is not telling you is that paragraph 14 is intended for those arriving after the cut off date. The withdraw Agreement covers all categories of family members, legally residing in member. Paragraph (10)

Freemovement has done an initial analysis of the EU citizens' rights aspects of the Phase 1 agreement. It should surprise no one that several situations/scenarios have not been considered, and some parts of the 'generous' offer are less so. Well worth reading.
https://www.freemovement.org.uk/brexit- ... ns-rights/

Pzeeman wrote: ↑

Mon Dec 11, 2017 2:15 pm

Does anyone know what's happening with the EEA2 residence card applications that are in process?

I second that. I have an electronic PR application form processing and I was able to check the status but no longer can. This was the link where you could check the status but they have removed it.

Will they still grant PR to people who apply for it?

https://contact-ukvi.homeoffice.gov.uk/ ... visastatus

How will this affect partners of British citizens in the Surinder Singh route? I am due to apply for permanent residence in August 2018, will I still be able to do so? This is very confusing...

Is Surinder Singh route protected in the withdrawal agreement? I can't see a direct citation anywhere.

mkhan2525 wrote: ↑

Sat Dec 09, 2017 10:01 pm

secret.simon wrote: ↑

Sat Dec 09, 2017 7:50 am

The implications of the Withdrawal agreement on the future of the SS Route and Zambrano carers are unclear.

The joint tehnical note seems to suggest the Surinder Singh and Lounes case will be covered by the withdrawal agreement but there remains a question mark over Zambrano carers.

EU Citizens and UK nationals resident in accordance with Article 21 TFEU.

https://ec.europa.eu/commission/sites/b ... _table.pdf

I can't see a reference to SS route in the withdrawal agreement, how do you know if SS route is protected?

JulietSoul wrote: ↑

Mon Dec 18, 2017 11:07 am

How will this affect partners of British citizens in the Surinder Singh route? I am due to apply for permanent residence in August 2018, will I still be able to do so? This is very confusing...

My Chinese wife will have completed her 5 years in UK in October 2018, ie, 5 years from our (her) entry into Uk via SS.

I think it will all be fine, with being so far down the road.

GW

Graham Weifang wrote: ↑

Thu Dec 28, 2017 2:22 pm

JulietSoul wrote: ↑

Mon Dec 18, 2017 11:07 am

How will this affect partners of British citizens in the Surinder Singh route? I am due to apply for permanent residence in August 2018, will I still be able to do so? This is very confusing...

My Chinese wife will have completed her 5 years in UK in October 2018, ie, 5 years from our (her) entry into Uk via SS.

I think it will all be fine, with being so far down the road.

GW

I agree we will be fine, just wondering when it will be made clear what the procedure will be, and whether these changes affect us, and how.

In one of the posts above someone said about brexit withdrawal agreement covering Lounes case.
which section of these says that? Or is it about one telling that CJEU as arbiter???

Regards

Wal

jinkazama_11 wrote: ↑

Thu Dec 28, 2017 12:17 am

mkhan2525 wrote: ↑

Sat Dec 09, 2017 10:01 pm

secret.simon wrote: ↑

Sat Dec 09, 2017 7:50 am

The implications of the Withdrawal agreement on the future of the SS Route and Zambrano carers are unclear.

The joint tehnical note seems to suggest the Surinder Singh and Lounes case will be covered by the withdrawal agreement but there remains a question mark over Zambrano carers.

EU Citizens and UK nationals resident in accordance with Article 21 TFEU.

https://ec.europa.eu/commission/sites/b ... _table.pdf

I can't see a reference to SS route in the withdrawal agreement, how do you know if SS route is protected?

When an EU national returns to the member state of which he or she is a national they are seeking to rely on Article 21 of the treaty to continue a family life which was created or strengthend in the host Member State.

The detailed joint technical note suggests an agreement has been reached to cover UK nationals who are resident according to Article 21 TFEU. Whether the non-EU national family members are able to apply for settled status is an open question.

I don't envisage a scenario where such family members who were lawfully resident will be deported. In the worst case scenario the residence may be counted towards the 10 year route to settlement after which they can apply for ILR at the cost of £2K-3K.

JulietSoul wrote: ↑

Thu Dec 28, 2017 2:26 pm

Graham Weifang wrote: ↑

Thu Dec 28, 2017 2:22 pm

JulietSoul wrote: ↑

Mon Dec 18, 2017 11:07 am

How will this affect partners of British citizens in the Surinder Singh route? I am due to apply for permanent residence in August 2018, will I still be able to do so? This is very confusing...

My Chinese wife will have completed her 5 years in UK in October 2018, ie, 5 years from our (her) entry into Uk via SS.

I think it will all be fine, with being so far down the road.

GW

I agree we will be fine, just wondering when it will be made clear what the procedure will be, and whether these changes affect us, and how.

In the second half of 2018, the Home Office will start issuing setlled status documents under UK law and may discontinue EU law documents. How this effects SS cases is unknown at this moment in time. However the UK will have abide by EU law until the end of the transistion period in 2021.

My take on this is that the withdrawal treaty on Article appear to deal with British Citizens in another member state. If the intention was to cover both, this would have been expressly stated.

The CJEU may have to rule on the clarity of these issues if they are not clarified before Brexit.

Obie wrote: ↑

Fri Dec 29, 2017 12:31 am

My take on this is that the withdrawal treaty on Article appear to deal with British Citizens in another member state. If the intention was to cover both, this would have been expressly stated.

The CJEU may have to rule on the clarity of these issues if they are not clarified before Brexit.

I was under the same assumption.

Obie wrote: ↑

Fri Dec 29, 2017 12:31 am

My take on this is that the withdrawal treaty on Article appear to deal with British Citizens in another member state. If the intention was to cover both, this would have been expressly stated.

Whilst the agreement reached only covers EU nationals in the UK and UK nationals in the EU the wording of the joint technical note suggests SS "may" be covered. As I was seeking to convey, this does not necessarily mean their family members will be entitled to apply for Settled Status they may be protected in a sense that they will be able to apply under the Immigration rules for example the long residence route.

The position may change before Brexit as the government has stated that nothing is agreed until everything is agreed. We will have to wait for the final withdrawal agreement that parliament is promised a vote on.

I would advise people to educate their MP on this area of EU law.