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Non-EU travel with BPR and Partner

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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

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pusched
Newbie
Posts: 37
Joined: Sun Nov 26, 2017 12:05 am
Portugal

Non-EU travel with BPR and Partner

Post by pusched » Sat Jan 19, 2019 3:04 pm

Hi,

My partner recently received her BRP which stats Residence card of a family member of a union citizen. At the back it has EU right to Reside.

The previous residence permit was on her passport and said Family Member of a EEA Citizen.

I am a EU citizen and we always travel together, never had any issues in the past apart from having to explain a few times that she did not need a visa since we were travelling together.

I appreciate that things may change with Brexit but for now am I right to assume we can still travel the same way to EEA countries without the need for a visa? Provided there is a valid passport of course and we always carry our civil partnership document as well.

Teerak
Junior Member
Posts: 70
Joined: Sun Feb 09, 2014 11:38 pm

Re: Non-EU travel with BPR and Partner

Post by Teerak » Sat Jan 19, 2019 4:22 pm

Everything remains same until they are able to figure out brexit.
Applied: 10/08/15 (HO received next day)
Payment taken: 12/08/15
Bio letter: 17/08/15
Bio Given: 20/08/15
COA: 14/09/15(dated 10/09/2015)
RC: 18/01/16(dated 11/01/16)

pusched
Newbie
Posts: 37
Joined: Sun Nov 26, 2017 12:05 am
Portugal

Re: Non-EU travel with BPR and Partner

Post by pusched » Sun Jan 20, 2019 11:35 pm

Teerak wrote:
Sat Jan 19, 2019 4:22 pm
Everything remains same until they are able to figure out brexit.
Just to clarify the new BRP my partner has acquired will work in the same way the old Residence Permit on the passport?

Teerak
Junior Member
Posts: 70
Joined: Sun Feb 09, 2014 11:38 pm

Re: Non-EU travel with BPR and Partner

Post by Teerak » Tue Jan 22, 2019 1:05 am

The same rights and privileges
Applied: 10/08/15 (HO received next day)
Payment taken: 12/08/15
Bio letter: 17/08/15
Bio Given: 20/08/15
COA: 14/09/15(dated 10/09/2015)
RC: 18/01/16(dated 11/01/16)

secret.simon
Moderator
Posts: 6939
Joined: Thu Feb 21, 2013 9:29 pm

Re: Non-EU travel with BPR and Partner

Post by secret.simon » Tue Jan 22, 2019 3:24 am

Teerak wrote:
Tue Jan 22, 2019 1:05 am
The same rights and privileges
Not necessarily.

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.

Teerak
Junior Member
Posts: 70
Joined: Sun Feb 09, 2014 11:38 pm

Re: Non-EU travel with BPR and Partner

Post by Teerak » Wed Jan 30, 2019 10:42 am

The OP is question is "has anything changed for now"
Applied: 10/08/15 (HO received next day)
Payment taken: 12/08/15
Bio letter: 17/08/15
Bio Given: 20/08/15
COA: 14/09/15(dated 10/09/2015)
RC: 18/01/16(dated 11/01/16)

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