Teerak wrote: ↑
Tue Jan 22, 2019 1:05 am
The same rights and privileges
Documentation issued under EU Directive 2004/38/EC have a specified format that is standardised across the EU and non-EEA family members having the standardised (Permanent) Residence Card traveling with their EEA citizen family member can travel visa-free.
The documentation issued for (pre-) settled status will be issued under the UK Immigration Rules and not pursuant to EU law/directives. Therefore, it is possible that that documentation will not have the same rights or privileges as the current ones under EU law.
EEA family members will still be able to travel to the EU with their family members under EU law, but it is not impossible that they may need to carry different/additional documentation.
As a comparator, currently (before Brexit), non-EEA family members of British citizens (who would be considered EEA citizens outside the UK) ,who have documentation under the UK Immigration Rules, need to apply for a (currently free) Schengen visa before traveling to any Schengen country.
Note that there is partially an issue with EU law as well. EU law recognises the (Permanent) Residence Cards (issued under EU law) of all EEA member-states. However, when the UK leaves, we will cease to be a member-state and therefore, such cards issued by the UK will cease to be recognised by the EU unless the EU specifically changes its laws provide such recognition. As mentioned above, non-EEA citizens may need to acquire separate documentation for the UK and the EU.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.