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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.
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 amExtended Family Members (other than durable partners) are excluded from the scope of the Withdrawal agreement and explicitly put under national jurisdiction(Paragraph 14).
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.secret.simon wrote: ↑Sat Dec 09, 2017 7:50 amThe implications of the Withdrawal agreement on the future of the Surinder Singh route Route and Zambrano carers are unclear.
https://ec.europa.eu/commission/sites/b ... _table.pdfEU Citizens and UK nationals resident in accordance with Article 21 TFEU.
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)eeaprneu2 wrote: ↑Sat Dec 09, 2017 11:25 amWasn'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 amExtended Family Members (other than durable partners) are excluded from the scope of the Withdrawal agreement and explicitly put under national jurisdiction(Paragraph 14).
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.
I can't see a reference to Surinder Singh route route in the withdrawal agreement, how do you know if Surinder Singh route route is protected?mkhan2525 wrote: ↑Sat Dec 09, 2017 10:01 pmThe 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.secret.simon wrote: ↑Sat Dec 09, 2017 7:50 amThe implications of the Withdrawal agreement on the future of the Surinder Singh route Route and Zambrano carers are unclear.
https://ec.europa.eu/commission/sites/b ... _table.pdfEU Citizens and UK nationals resident in accordance with Article 21 TFEU.
My Chinese wife will have completed her 5 years in UK in October 2018, ie, 5 years from our (her) entry into Uk via Surinder Singh route.JulietSoul wrote: ↑Mon Dec 18, 2017 11:07 amHow 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...
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.Graham Weifang wrote: ↑Thu Dec 28, 2017 2:22 pmMy Chinese wife will have completed her 5 years in UK in October 2018, ie, 5 years from our (her) entry into Uk via Surinder Singh route.JulietSoul wrote: ↑Mon Dec 18, 2017 11:07 amHow 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...
I think it will all be fine, with being so far down the road.
GW
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.jinkazama_11 wrote: ↑Thu Dec 28, 2017 12:17 amI can't see a reference to Surinder Singh route route in the withdrawal agreement, how do you know if Surinder Singh route route is protected?mkhan2525 wrote: ↑Sat Dec 09, 2017 10:01 pmThe 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.secret.simon wrote: ↑Sat Dec 09, 2017 7:50 amThe implications of the Withdrawal agreement on the future of the Surinder Singh route Route and Zambrano carers are unclear.
https://ec.europa.eu/commission/sites/b ... _table.pdfEU Citizens and UK nationals resident in accordance with Article 21 TFEU.
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 Surinder Singh route 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.JulietSoul wrote: ↑Thu Dec 28, 2017 2:26 pmI 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.Graham Weifang wrote: ↑Thu Dec 28, 2017 2:22 pmMy Chinese wife will have completed her 5 years in UK in October 2018, ie, 5 years from our (her) entry into Uk via Surinder Singh route.JulietSoul wrote: ↑Mon Dec 18, 2017 11:07 amHow 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...
I think it will all be fine, with being so far down the road.
GW
I was under the same assumption.Obie wrote: ↑Fri Dec 29, 2017 12:31 amMy 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.
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 Surinder Singh route "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.