Non EEA/EU family member settlement scheme after 31/12/20

Hi, if a British national moves to an EU country prior to 31 December 2020 and can they apply for non EU dependent family members under directive 2004 after 31 December 2020 or they have to be applied prior to end of this year?

As per The Withdrawal Agreement  it sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.

If you are resident in EU country at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in that EU country.

irfan0611 wrote: ↑

Sat Oct 17, 2020 1:54 pm

Hi, if a British national moves to an EU country prior to 31 December 2020 and can they apply for non EU dependent family members under directive 2004 after 31 December 2020 or they have to be applied prior to end of this year?

As per The Withdrawal Agreement  it sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.

If you are resident in EU country at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in that EU country.

I quickly checked Germany, Austria and Luxembourg and they all say that non-EEA family members of British nationals have to be present and resident in the host country on or before 31st December 2020.

Thank you for your response. I would highly appreciate if you can share some links?

EU countries stopped issuing schengen visa from March, so how can non Eu dependent can enter before applying for residence permit

Hi I found this article and as per this information non EEA dependent family members can still apply after 31 December 2020;

https://www.gov.uk/guidance/living-in-e ... -in-the-eu

Family members

Your close family members will be able to join you after 31 December 2020 under current EU rules. This applies to spouses or registered partners, dependent children and grandchildren, and dependent parents and grandparents. The relationship must have begun before the transition period ends on 31 December 2020.

irfan0611 wrote: ↑

Sat Oct 17, 2020 11:01 pm

Thank you for your response. I would highly appreciate if you can share some links?

https://www.stadt-koeln.de/artikel/68000/index.html#

https://www.europa.steiermark.at/cms/do ... mation.pdf

https://www.bmi.bund.de/SharedDocs/faqs ... rexit.html

https://guichet.public.lu/de/citoyens/i ... mille.html

irfan0611 wrote: ↑

Sun Oct 18, 2020 7:59 am

Hi I found this article and as per this information non EEA dependent family members can still apply after 31 December 2020;

https://www.gov.uk/guidance/living-in-e ... -in-the-eu

Family members

Your close family members will be able to join you after 31 December 2020 under current EU rules. This applies to spouses or registered partners, dependent children and grandchildren, and dependent parents and grandparents. The relationship must have begun before the transition period ends on 31 December 2020.

I don't know, I understood that everybody including family members would have to be resident before the end of the year - I am happy to be corrected!

Germany appears to be looking into passing national law about family members of UK nationals but hasn't done so, yet. Could it be that it depends on what kind of deal the UK gets and whether third country family members are covered or not? If they are not covered, could there be 27 different situations for family members?

Maybe somebody else has some more insight.

ALKB wrote: ↑

Sun Oct 18, 2020 11:43 am

I don't know, I understood that everybody including family members would have to be resident before the end of the year - I am happy to be corrected!

In the UK at least, as long as

1. The sponsor EU citizen is resident in the UK before Dec 31st 2020
2. The family relationship with the non-EU family member started prior to Dec 31st 2020

Then a family member can join the EU citizen after Dec 21st 2020:

Bring family members to the UK after 31 December 2020
If you’re a citizen of an EU country, Iceland, Liechtenstein, Norway or Switzerland, you’ll be able to bring close family members to the UK after 31 December 2020 if both of the following apply:

• your relationship with them began before 31 December 2020

• you are still in the relationship when they apply to join you

If you’re a Swiss citizen, you’ll also be able to bring your spouse or civil partner to the UK until 31 December 2025 if both of the following apply:

• your relationship with them began between 31 December 2020 and 31 December 2025

• you are still in the relationship when they apply to join you

But that's not the question here, is it?

At least in France, the wording of the rules is strange, and imprecise. It says British family members who arrive in France after Dec 31st can join their British family members who arrived in France Before Dec 31st. It is not clear though, if this also applies to non-EU family members!

What is clear is that everyone should apply to the "droit au sejour" by July 31st 2021.
https://brexit.gouv.fr/sites/brexit/acc ... ejour.html

If they are not covered, could there be 27 different situations for family members?

I have the strange feeling this could be the case. Possible that we will see very similar legislations, just somewhat different deadlines. At least for France, the hard deadline is July 31st and not June 30th; and the length of leave given to people is not standardised to 5 years as it is in the UK for Pre-Settled Status, but it can be from 1 to 5 years, depending on the individual situation.

Thank you Kamoe,

Really appreciate your detailed response.
The reason I am asking this question that my UK family member is moving to Austria in this month and going to apply visa for his non EEA dependent child who is over the age of 21. Currently there are no appointments available at embassy in Pakistan therefore looking for information for him so we have enough time to apply for a visa.

I guess we still have just over two months and considering covid-19 and UK/EU talks we are still not sure how things are going to happen

irfan0611 wrote: ↑

Mon Oct 19, 2020 8:29 am

The reason I am asking this question that my UK family member is moving to Austria in this month and going to apply visa for his non EEA dependent child who is over the age of 21. Currently there are no appointments available at embassy in Pakistan therefore looking for information for him so we have enough time to apply for a visa.

Lol, a Spotify add just lead me into what I think is the right direction. I am currently working remotely from France and heard an add directed to UK nationals living in France that gave a link. Tried the same for Austria and found it: https://www.gov.uk/guidance/living-in-austria

And for all European countries:
https://www.gov.uk/topic/help-british-n ... eas/europe

Latest info includes detail on the Withdrawal agreement provisions for that country.