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Letter from EU commission regarding Settled stauts card

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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hanihani
Junior Member
Posts: 70
Joined: Tue Jan 22, 2019 12:12 am
Chile

Letter from EU commission regarding Settled stauts card

Post by hanihani » Fri Nov 15, 2019 12:36 pm

Hello guys i have sent an email to European commission condemning how the EU countries doesn't allow anymore family member with pre/settled stauts cards an exemption from obtaining visa to EU when traveling/ joining Eu partner. Considering it isn't our fault that it issued under UK law and doesn't have the sentence family member of EU citizen, however i have received a response but i can't quite understand the content, maybe my English Isnt as good as i thought, if anyone can intrupt what it means please ? Because it is helpful for all of us family members
Here is thier response .....

Thank you for your e-mail.

 

We consulted our colleagues responsible for the EU Free Movement Directive 2004/38/EC before replying to you.

 

EU law continues to apply to the UK until its actual withdrawal from the EU. As long as EU law applies in the UK, non-EU family members of EU citizens who have exercised the right to freedom of movement, have the right to apply for a residence card under the Immigration (European Economic Area) Regulations 2016 which implement the EU Free Movement Directive 2004/38/EC. Such a residence card, which is issued in accordance with EU law, exempts the holder from a visa requirement when travelling to other EU Member States.

 

The UK Settled Status scheme is a voluntary scheme set up in anticipation of the UK leaving the EU under the UK-EU Withdrawal Agreement or in the case of a no-deal scenario. The scheme is operated under UK national law. Therefore, a residence card issued to non-EU family members under the UK’s Settled Status scheme does exempt those non-EU family members from the requirement of having to obtain a visa when travelling to EU Member States. Non-EU family members who are subject to a visa requirement to travel to an EU Member State and who only hold a residence card issued under the UK’s EU Settled Status scheme must therefore apply for an entry visa.

 

Nonetheless, as long as EU law applies in the UK, it remains open to non-EU family members of EU citizens, who have exercised EU treaty rights and moved to the UK, to also apply for a residence card, in accordance with Directive 2004/38/EC, in addition to their settled status residence card.

 

The European Commission has written to the UK government requesting that, when applications are made for UK settled status, attention is brought to the fact that such status does not exempt holders from the obligation to obtain an entry visa (where applicable). The Commission’s request extends to making applicants aware that, for the time being, the residence card under Directive 2004/38/EC can still be obtained in addition to UK Settled Status.

Best regards

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Zerubbabel
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Re: Letter from EU commission regarding Settled stauts card

Post by Zerubbabel » Fri Nov 15, 2019 1:05 pm

Hello

They are telling you the following:

- With the Settlement Scheme card, you must have a visa to visit the EU

However:

- EEA routes are still open and despite the existence of the EU Settlement Scheme, you can still apply under an EEA route also.


So even if you have anything under the EU Settlement Scheme, you can also apply, for now, under the relevant EEA route. You will get a card issued under the Directive that will allow you to travel to EU visa free under certain conditions.

secret.simon
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Re: Letter from EU commission regarding Settled stauts card

Post by secret.simon » Fri Nov 15, 2019 6:33 pm

hanihani wrote:
Fri Nov 15, 2019 12:36 pm
The Commission’s request extends to making applicants aware that, for the time being, the residence card under Directive 2004/38/EC can still be obtained in addition to UK Settled Status.
Pretty much exactly the response I would expect.

You can apply for either the free Settled Status (in which case you would need a visa to travel to the rest of the EEA) or make a standard EEA route application (which would allow you visa free access to the rest of the EEA) or both. Which option you choose is your choice.
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.

hanihani
Junior Member
Posts: 70
Joined: Tue Jan 22, 2019 12:12 am
Chile

Re: Letter from EU commission regarding Settled stauts card

Post by hanihani » Sat Nov 16, 2019 1:35 pm

Thanks to you both
Appreciated

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