When will the EEA-route be closed?

I am a German citizen working in the UK and I'd like my non-EEA mother (who is dependent on my remote financial support) to apply for the EEA family permit and then residency. But I am afraid we won't have time to do the paperwork before Brexit.

Does the following quote from https://www.gov.uk/family-permit mean she could apply after Brexit?

There will be no change to the rights and status of EU citizens currently living in the UK until 30 June 2021, or 31 December 2020 if the UK leaves the EU without a deal.

That's right - if Brexit goes ahead, the EEA immigration route applications become obsolete in December 2020. So you still have time.
If she arrives in the next few months, she can choose if she wants to apply for a Residence Card or Pre-Settled Status (or both).

NikiGio wrote: ↑

Sat Mar 09, 2019 6:34 pm

...apply for a Residence Card or Pre-Settled Status (or both).

I would apply for one or the other. I believe I read somewhere in the depths of the HO docs that if there is a pending immigration application (in this case, the EEA residence card one) at the time of the EU Settlement Scheme application, the EEA one will be voided in place of the settlement scheme one, so would be a waste of the application cost.

There's no need to apply for both. Most people who have a choice apply for one. But some people are applying for both - given the uncertainty over whether Brexit will happen or not.
If you decide to apply now for a Residence Card, you'll need to apply also for Pre-Settled Status before Dec 2020.
If you decide to apply now for Settled Status, there's no need to apply for anything else.
If you do apply for both, I would do it one application at a time - so wait until the application's concluded, including the HO response, before applying for the other status.
So for example, I know somebody who first applied and got Settled Status and is now also applying for Permanent Residence too, in case Brexit doesn't go ahead.
Overall, they'll pay £130 (£65 each), but the Settled Status fee will be refunded at some point. So in the end they'll pay £65 for both (+ any other costs related to the PR application, like postage/etc.).

NikiGio wrote: ↑

Sat Mar 09, 2019 6:34 pm

That's right - if Brexit goes ahead, the EEA immigration route applications become obsolete in December 2020.

Are you positive about that? On a Facebook forum I've read the EEA route will close on the 29 March.

rooibos wrote: ↑

Mon Mar 11, 2019 8:33 am

NikiGio wrote: ↑

Sat Mar 09, 2019 6:34 pm

That's right - if Brexit goes ahead, the EEA immigration route applications become obsolete in December 2020.

Are you positive about that? On a Facebook forum I've read the EEA route will close on the 29 March.

I believe that will be for "no deal" scenario.

alterhase58 wrote: ↑

Mon Mar 11, 2019 9:51 am

I believe that will be for "no deal" scenario.

Could you please provide a source?

Here is what I found:

Close family members (a spouse, civil partner, durable partner, dependent child or grandchild, and dependent parent or grandparent) living overseas will still be able to join an EU citizen resident here after the end of the implementation period, where the relationship existed on 31 December 2020 and continues to exist when the person wishes to come to the UK. Future children are also protected.

Source: EU Settlement Scheme: statement of intent

So you mean that this passage won't apply in case of no-deal Brexit?

rooibos wrote: ↑

Mon Mar 11, 2019 8:33 am

NikiGio wrote: ↑

Sat Mar 09, 2019 6:34 pm

That's right - if Brexit goes ahead, the EEA immigration route applications become obsolete in December 2020.

Are you positive about that? On a Facebook forum I've read the EEA route will close on the 29 March.

Yes, positive - the EEA immigration route applications will close on 31 December 2020, although this only applies if the Deal is approved.

So I should qualify it:
"If Brexit goes ahead *and the Deal is approved*, the EEA Immigration Route applications will close on 31 December 2020".
So if the Deal is approved, people can continue applying for, say, PR until December 2020.

In case of No Deal, the situation is more complex - I've asked one of the pro-bono lawyers at UKCEN as I'm not sure what the answer is.
The lawyer said that the HO has actually been silent on what happens to the EEA route applications in case of No Deal. However, they presume that they will close on 29 March 2019.

Those who already have EEA route documentation like PR need to exchange it for Settled Status and those with Residence Cards/RC need to apply for Pre-Settled Status by 31 December 2020.
The source of this last statement is p.4 of the No Deal Policy Paper in Citizens' rights, link:
https://www.gov.uk/government/publicati ... eal-brexit

mulder wrote: ↑

Sat Mar 09, 2019 1:17 pm

Does the following quote from https://www.gov.uk/family-permit mean she could apply after Brexit?

There will be no change to the rights and status of EU citizens currently living in the UK until 30 June 2021, or 31 December 2020 if the UK leaves the EU without a deal.

Revisiting this after having read the policy paper "Immigration from 30 March 2019 if there is No Deal" (https://www.gov.uk/government/publicati ... ing-the-uk) and the policy paper on Citizens' rights (https://www.gov.uk/government/publicati ... eal-brexit).

Item 12 on the Citizens' Rights Policy Paper states that in case of No Deal:
EU citizens with settled status would be able to be joined in the UK, by 29 March 2022, by existing close family members, such as children, spouses and
partners, parents and grandparents living overseas at exit, where the relationship existed by 29 March 2019 (or where a child was born overseas after this date) and continued to exist when the family member applied. After 29 March 2022, such family members will be able to join EU citizens here by
applying through the applicable UK Immigration Rules. EU citizens with settled status will be able to be joined by future spouses and partners (where
the relationship was established after exit) and other dependent relatives until 31 December 2020, after which point the UK Immigration Rules would apply to such family reunion. Together this would bring the rights of EU citizens in line with the rights of UK nationals from 30 March 2022.


Item 14 on the No Deal Immigration policy paper states:
"14. EU citizens who arrive on or after 30 March 2019 may be accompanied by their EU citizen family members using the arrangements described above. They may also be accompanied or joined by close family members (spouse, partner, dependent child under 18) who are third country nationals. However, third country national family members who wish to accompany an EU citizen under these arrangements will need to apply in advance for a family permit."


So it sounds like EEA Family Permits will continue to be available after Brexit in case of No Deal, presumably until 29 March 2022.

So the only difference from the advise given previously is that, in case of No Deal, your only option after your Mum arrives is for her to ask for Pre-Settled Status (as the Residence Card application route would be closed as of 29 March 2019).

As all the above is quite complex given the various scenarios/dates, so strongly advise you to check it all with a good immigration lawyer - either via this site, Citizens' Advice, etc. The UKCEN pro-bono lawyers can lead you in the right direction initially.

NikiGio, thank you, very interesting!

From the quotes you provided:

<...> by existing close family members, such as children, spouses and partners, parents and grandparents <...>

<...> They may also be accompanied or joined by close family members (spouse, partner, dependent child under 18) <...>

I see their definition of a close family member is rather fluid: sometimes it includes parents and grandparents, sometimes it doesn't.

You're welcome!

mulder wrote: ↑

Wed Mar 13, 2019 6:23 pm

I see their definition of a close family member is rather fluid: sometimes it includes parents and grandparents, sometimes it doesn't.

This doesn't concern your case, so don't worry about it! Parents are definitely close family members.

Good luck