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Three questions about the EEA route after Brexit

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

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kamoe
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Three questions about the EEA route after Brexit

Post by kamoe » Fri Feb 15, 2019 10:34 am

Since Brexit means Brexit (?) it is my understanding that:

1. After March 29th, the EEA immigration route will cease to operate. This includes Family Permits, Residence Cards for Family Members and Extended Family Members, Permanent Residence, and Registration Certificates as Qualified Persons. EU citizens and their Family members will need to apply for the Settlement Scheme, for Settled or Pre-Settled status..

2. After March 29th, the Surinder Singh route will cease to operate. Family members of British citizens having exercised treaty rights in another EU country will need to use the route for Family members of a British citizen.

3. As a result of the above, after March 29th, Family members of British citizens will not be able to apply for Pre-settled status (as no Surinder Singh available through this route).

Are my understandings above correct?
Or are they correct, but the date of March 29th is not the cut-off date (e.g. will there be a grace period)?

Any insights will be very appreciated.
My posts express my personal opinion, formed with the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

kamoe
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Joined: Mon Sep 07, 2015 10:57 am

Re: Three questions about the EEA route after Brexit

Post by kamoe » Fri Feb 15, 2019 10:48 am

And almost forgot:

4. After March 29th, Family members holders of an Article 10 card, will still be able to enter the UK without a visa.

True, false, not clear?
My posts express my personal opinion, formed with the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

secret.simon
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Re: Three questions about the EEA route after Brexit

Post by secret.simon » Sat Feb 16, 2019 11:00 am

Almost all your questions can be answered by going through Appendix EU of the UK Immigration Rules. Why don't you read through it, refine your questions if need be and get back to us if you have any further questions?
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.

ljdebenedictis
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Re: Three questions about the EEA route after Brexit

Post by ljdebenedictis » Sat Feb 16, 2019 12:43 pm

kamoe wrote:
Fri Feb 15, 2019 10:34 am
Since Brexit means Brexit (?) it is my understanding that:

1. After March 29th, the EEA immigration route will cease to operate. This includes Family Permits, Residence Cards for Family Members and Extended Family Members, Permanent Residence, and Registration Certificates as Qualified Persons. EU citizens and their Family members will need to apply for the Settlement Scheme, for Settled or Pre-Settled status..

2. After March 29th, the Surinder Singh route will cease to operate. Family members of British citizens having exercised treaty rights in another EU country will need to use the route for Family members of a British citizen.

3. As a result of the above, after March 29th, Family members of British citizens will not be able to apply for Pre-settled status (as no Surinder Singh available through this route).

Are my understandings above correct?
Or are they correct, but the date of March 29th is not the cut-off date (e.g. will there be a grace period)?

Any insights will be very appreciated.
Hi. Did you find any answer with number 3? xx

kamoe
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Re: Three questions about the EEA route after Brexit

Post by kamoe » Sat Feb 16, 2019 11:55 pm

secret.simon wrote:
Sat Feb 16, 2019 11:00 am
Almost all your questions can be answered by going through Appendix EU of the UK Immigration Rules.
Thanks for the link.

I must be missing something, as I could not find answers to my questions in Appendix EU of the UK Immigration Rules, at least not without a good deal of expert interpretation and maybe further knowledge, which I do not have.

Let me rephrase my two first questions a bit:

1. From which date will the following link stop working? https://www.gov.uk/apply-for-a-uk-residence-card

In other words, from which date will people no longer be able to apply through the above route? / from which date will their only option be to apply through the Settlement Scheme? We know the Settlement scheme officially starts on March 29th, but that doesn't mean the opposite, i.e. the end of issuing of Residence Cards, at least I haven't seen it explicitly spelled out anywhere.

2. From which date will non-EU nationals who are family members of British nationals no longer be allowed to enter / apply for their first entry clearance to the UK, on the grounds of Surinder Singh?

Appendix EU of the UK Immigration Rules states it will be possible for them to apply for pre-Settled status as long as they have moved to the UK before 23:00 31st of December 2020, but for this, the non-EU national must already be in the UK at the time of application on the grounds of Surinder Singh. I could not find mention of the cut-off date they will be able to move to the UK for the first time on this basis.

Then, regarding my two other questions:

3. Family members of British citizens applying for Pre-settled status
This is the only question I could find a partial answer to. Provided they are already in the UK AND already on the grounds of Suridner Singh, family members of UK citizens can still apply for Pre-Settled Status, if they moved to the UK before 23:00 December 31st 2020.

4. Article 10 cards
This is still unclear to me. No mention anywhere in Appendix EU of the UK Immigration Rules. My assumption is, these won't be valid after some date, but it is not clear to me when this will be. For instance, between March 29th 2019 and Dec 31st 2020, can Article 10 cards facilitate entry to the UK of non-EU family members of UK nationals, with the purposes of then applying for Pre-Settled status inside the UK on the basis of Surinder Singh?
My posts express my personal opinion, formed with the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

mkhan2525
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Re: Three questions about the EEA route after Brexit

Post by mkhan2525 » Sun Feb 17, 2019 3:27 pm

My understanding is that, if the Withdrawal agreement is passed then British Citizens can still move to EU after Brexit on 29th March and return by the end of transition period of 31st December 2020 in order for their non-EU family members to be eligible to apply under the EU settlement scheme. That date would be put back further if there were to be an extension to the transition period.

If there is a no deal Brexit, the government has made clear that EU law will cease to apply from 30th March 2019. Only those family members living in the UK before that date will be eligible to apply under the scheme by 31st December 2020.

It's unclear at the moment in regards to the validity of Article 10 residence cards since HO guidance says new residence cards will only be issued to non-EU family members if they don't previously have one. The current residence cards will be no use to enter the EU in a no deal scenario however if there is a transiton period then Article 10 residence cards from other EU countries and the UK will still be valid for entry as all EU laws will continue to apply to the UK.

Perhaps HO are in the process of moving to an online system of checking migrant status at the border which will eventually phase out residence cards? If that is the case then I suspect that UK Article 10 residence cards will still be valid for entry to the UK in a no deal Brexit until 31st December 2020. After that period there is supose to be a new immigration system in place.

kamoe
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Re: Three questions about the EEA route after Brexit

Post by kamoe » Sun Feb 17, 2019 4:19 pm

mkhan2525 wrote:
Sun Feb 17, 2019 3:27 pm
My understanding is that, if the Withdrawal agreement is passed then British Citizens can still move to EU after Brexit on 29th March and return by the end of transition period of 31st December 2020 in order for their non-EU family members to be eligible to apply under the EU settlement scheme.
Could you please point to a source for this?
My hesitation to have the same interpretation as you is that, According to the Appendix EU of the UK Immigration Rules, U14 Eligibility for limited leave to Remain, condition 2-A-a) and 2-B-b):
the applicant is in the UK lawfully by virtue of regulation 9(1) to (6) of the EEA Regulations
(regulation 9(1) to (6) of the EEA Regulations being Surinder Singh).

So to be able to apply for Settled Status through Surinder Singh, the applicant needs to be already in the UK through Surinder Singh. Would they be able to come for the first time to the UK during the transition period?
If there is a no deal Brexit, the government has made clear that EU law will cease to apply from 30th March 2019. Only those family members living in the UK before that date will be eligible to apply under the scheme by 31st December 2020.
Again, could you please share an official link for this?
It's unclear at the moment in regards to the validity of Article 10 residence cards since HO guidance says new residence cards will only be issued to non-EU family members if they don't previously have one.
This is important. Again, where can I find this written down?
The current residence cards will be no use to enter the EU in a no deal scenario however if there is a transiton period then Article 10 residence cards from other EU countries and the UK will still be valid for entry as all EU laws will continue to apply to the UK.
This makes sense. Dependant of the outcome of the deal, then.
Perhaps HO are in the process of moving to an online system of checking migrant status at the border which will eventually phase out residence cards? If that is the case then I suspect that UK Article 10 residence cards will still be valid for entry to the UK in a no deal Brexit until 31st December 2020. After that period there is supose to be a new immigration system in place.
Seems like we are on the same boat here, and are relying only on personal assumptions, then. Or, again, do you any link you can share that can shed any more light into this?

Thank you very much for your input!
My posts express my personal opinion, formed with the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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