mattp73 wrote: ↑Sat Apr 25, 2020 12:12 pm
if both UK and EU citizens can still move freely at the moment otherwise the whole as stated people would be stranded abroad.
The Withdrawal Agreement provides that UK citizens can still move to EEA countries and EEA citizens can still move to the UK with their family members till the end of the year.
However, that is not longer because of EU treaty rights, which were based on a common European citizenship, but because of rights under the Withdrawal Agreement. The Withdrawal Agreement does not provide for a common citizenship and therefore the equivalent of the Surinder Singh route does not exist.
That may not engage the Surinder Singh route, which was based around EEA citizens moving around with their family members across the EEA without hinderance. UK citizens are no longer EEA citizens, although having similar rights under a separate agreement (the Withdrawal Agreement).
Also keep in mind that the UK citizen will effectively be land-locked into the country s/he is resident in on 31st December 2020 (or whenever the end of the transition period occurs). After that date, the UK citizen will no longer be able to move about freely within the EU, but will be a temporary/permanent resident of whatever country he resided in (as a grandfathered-in resident citizen of a third country).
To regain freedom of movement, the UK citizen would have to acquire the citizenship of the relevant EEA member-state. And nationality law is the preserve of Member-states and there is no standardisation of that.
As an example, I had recently met an Indian citizen resident in Spain for 20 odd years, who is still ineligible for Spanish citizenship. On the other hand, your wife may have a fast track available to her for Spanish citizenship, as the citizen of a former Spanish colony.
mattp73 wrote: ↑Sat Apr 25, 2020 12:12 pm
Not sure how travel to the EU will be like after brexit is done...a visa of some sort I assume but I would imagine same for an EU citizen travelling to the UK for a visit...does anyone know yet...I imagine maybe a landing card similar to when you fly to the US. 30 or 60 day stamp in your passport???
The UK will likely (but not certainly) be added to the list of countries whose nationals can apply for
ETIAS, the EU equivalent to the US ESTA and the Canadian ETA. Canada, Australia and Hong Kong are already on that list.
So UK citizens will likely be able to fly in and out of the EU as before, just not with automatic rights as citizens, but as tourists. Similarly, you may not have the right to be accompanied by a non-EEA spouse.
EEA citizens will likely continue to be able to enter the UK using either the ePassport Gates or the usual immigration counters and be stamped in as tourists on the spot (i.e. they will be non-visa nationals). Again, that will be based on their passport and will not extend to their visa-national family members.
Jackson2004 wrote: ↑Sat Apr 25, 2020 10:53 am
Otherwise couples could potentially be uprooted and left without a home they can share through no fault of there own.
I have no idea of how much you have dealt with the Home Office, but the Home Office takes a very severe view of mixed nationality families. It generally takes the view that while UK citizens have a right to reside in the UK, their family members don't have an automatic right. And that UK citizens are free to leave the UK if they want to live with a family member that can't get a visa.
So, for instance, a British citizen who wants to sponsor a non-EEA spouse has to demonstrate an annual earning of at least £18,600 or easily accessible savings (with proof of source of funds) of £62,500. About 30-40% of the British population does not earn that much. Yet, the UKSC ruled in the government's favour on the Minimum Income Requirement.
So, don't hold your breath.
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.
