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Important question: do non-EU family members living in U.K. maintain their rights in EU after Brexit?

This is the area of this board to discuss the referendum taking place in the UK on 23rd June 2016. Also to discuss the ramifications of the EU-UK deal.

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Heya2018
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Important question: do non-EU family members living in U.K. maintain their rights in EU after Brexit?

Post by Heya2018 » Thu Feb 22, 2018 11:06 am

Very good site here. However there is one topic no one has raised anywhere regarding EU citizens and Brexit. I will ask it here. For the non-EU families who currently hold an EEA/EU residents card earned through their relations with an EU partner etc, who gained that card from the U.K., a card that allows them ease of access throughout the EU - will they lose that EU right and the card after getting settle status in the U.K. after Brexit? Shouldn’t they having covered all the requirements be allowed to maintain that right of movement in the EU after Brexit seeing that it was gained at the time from a legitimate EU member? All WITHOUT having to reapply for EU membership? This is a point not covered anywhere. Will their cards be replaced with say an EEA card from the spouses country whether or not they lived there as this situation is unique. Hope someone can answer this

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alterhase58
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Re: Important question: do non-EU family members living in U.K. maintain their rights in EU after Brexit?

Post by alterhase58 » Tue Feb 27, 2018 4:49 pm

Realistically, based on the UK government statements that, amongst other things, Freedom of Movement ceases to exist after 29 March 2019, or after the transition phase, you will only have the new UK registration and settled status available.
This is just my opinion as a member of this forum and does not constitute immigration advice.

secret.simon
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Re: Important question: do non-EU family members living in U.K. maintain their rights in EU after Brexit?

Post by secret.simon » Tue Feb 27, 2018 7:22 pm

I think the OP's question is - Will the EU maintain the current rights of non-EEA family members of UK-resident EEA citizens in the rest of the EU? So, would a non-EEA spouse/family member holding a UK Residence Card continue to avail of visa free access to the EEA states, for example?

That sounds to me more a question for the EU authorities than for HMG to address. Given that the EU is much more liberal on immigration than the UK, I think the answer would be yes. But of course, nothing is certain.
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.

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alterhase58
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Re: Important question: do non-EU family members living in U.K. maintain their rights in EU after Brexit?

Post by alterhase58 » Wed Feb 28, 2018 2:28 pm

Scanning through the EU Draft this para on page 10 caught my eye:

"2. Where the host State requires family members who join the Union citizen or the United Kingdom national after the end of the transition period to have an entry visa, the host State shall grant such persons every facility to obtain the necessary visas. Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure."

https://ec.europa.eu/commission/publica ... mmunity_en
This is just my opinion as a member of this forum and does not constitute immigration advice.

secret.simon
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Re: Important question: do non-EU family members living in U.K. maintain their rights in EU after Brexit?

Post by secret.simon » Wed Feb 28, 2018 2:33 pm

As mentioned in my thread on the Draft Withdrawal Agreement, it broadly replicates the same requirements as in Directive 2004/38/EC.

Essentially, according to the Draft Agreement, EEA citizens who move to the UK before the end of the transition period will be Directive 2004/38/EC rights for their lifetime.
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.

Salem
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Re: Important question: do non-EU family members living in U.K. maintain their rights in EU after Brexit?

Post by Salem » Mon Mar 05, 2018 1:05 pm

When the non EU spouse have acquired a UK Permanent Residence Card, after the UK 5 years Residence Permit, do they still currently have Visa free travel in the EU, the same as they did with the 5 year Residence Permit, or do they then need a Schengen Visa?

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Re: Important question: do non-EU family members living in U.K. maintain their rights in EU after Brexit?

Post by Mugen » Tue Mar 06, 2018 10:58 am

Salem wrote:
Mon Mar 05, 2018 1:05 pm
When the non EU spouse have acquired a UK Permanent Residence Card, after the UK 5 years Residence Permit, do they still currently have Visa free travel in the EU, the same as they did with the 5 year Residence Permit, or do they then need a Schengen Visa?
They have if traveling with or to join EU spouse in EU country, otherwise have to apply for a visa.

Salem
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Re: Important question: do non-EU family members living in U.K. maintain their rights in EU after Brexit?

Post by Salem » Tue Mar 06, 2018 12:52 pm

Mugen wrote:
Tue Mar 06, 2018 10:58 am
Salem wrote:
Mon Mar 05, 2018 1:05 pm
When the non EU spouse have acquired a UK Permanent Residence Card, after the UK 5 years Residence Permit, do they still currently have Visa free travel in the EU, the same as they did with the 5 year Residence Permit, or do they then need a Schengen Visa?
They have if traveling with or to join EU spouse in EU country, otherwise have to apply for a visa.
Thanks for that.

Though are you sure?

I know with the 5 year Residence card you don't, though I've read it changes when PR is obtained.

Do you have a link to that please?

Mugen
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Re: Important question: do non-EU family members living in U.K. maintain their rights in EU after Brexit?

Post by Mugen » Tue Mar 06, 2018 5:13 pm

Salem wrote:
Tue Mar 06, 2018 12:52 pm
Mugen wrote:
Tue Mar 06, 2018 10:58 am
Salem wrote:
Mon Mar 05, 2018 1:05 pm
When the non EU spouse have acquired a UK Permanent Residence Card, after the UK 5 years Residence Permit, do they still currently have Visa free travel in the EU, the same as they did with the 5 year Residence Permit, or do they then need a Schengen Visa?
They have if traveling with or to join EU spouse in EU country, otherwise have to apply for a visa.
Thanks for that.

Though are you sure?

I know with the 5 year Residence card you don't, though I've read it changes when PR is obtained.

Do you have a link to that please?
europe-immigration-forum/travel-to-sche ... 95372.html

Salem
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Re: Important question: do non-EU family members living in U.K. maintain their rights in EU after Brexit?

Post by Salem » Tue Mar 06, 2018 10:00 pm

Mugen wrote:
Tue Mar 06, 2018 5:13 pm
Salem wrote:
Tue Mar 06, 2018 12:52 pm
Mugen wrote:
Tue Mar 06, 2018 10:58 am
Salem wrote:
Mon Mar 05, 2018 1:05 pm
When the non EU spouse have acquired a UK Permanent Residence Card, after the UK 5 years Residence Permit, do they still currently have Visa free travel in the EU, the same as they did with the 5 year Residence Permit, or do they then need a Schengen Visa?
They have if traveling with or to join EU spouse in EU country, otherwise have to apply for a visa.
Thanks for that.

Though are you sure?

I know with the 5 year Residence card you don't, though I've read it changes when PR is obtained.

Do you have a link to that please?
europe-immigration-forum/travel-to-sche ... 95372.html
Thanks again.

It's a bit of a confusing thread, lots of questions, similar to my own question, but not so many answers, and those i read to my own issue are contradictory.

I'm an EU citizen (Irish) living in London with non EU wife, who has went through the Family Permit, then 5 Year Residence Card, now just waiting on the Permenant Residence biometrics card.

Some answers say my wife will need a Visa, though free and issued quickly, others say as long as it says family member of EU Citizen, then she doesn't. I'm aware the PR didn't used to say that, maybe that was the issue. If they do now as standard, then maybe she doesn't need a visa?

I'm still not sure lol

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