ESC
Welcome to immigrationboards.com!
Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator
Simply put, EEA citizens generally have never needed to prove their residence in the UK and hence generally lack the Home Office paper-trail that non-EEA citizens (those here both under the UK Immigration Rules and the EEA Regulations) have. Thus, if they need to prove something like residence years into the future (say in the 2040s-50s), it may be impossible.“Where neither of the parents is British at the time of the child’s birth, a child will later struggle to prove the British citizenship to which he or she is entitled from birth,” says the immigration barrister Colin Yeo, one of the authors.
Yeo said the issue stems from the fact that British nationality laws on acquisition of British citizenship were written long before the freedom of movement rules gave any EU citizen moving to another member state automatic right of permanent residence after a period of time.
There is no published data on the number of children born to two EU citizens in the UK, but researchers believe it will run to thousands if not tens of thousands.
Children born to EU citizens in the UK are not automatically entitled to British citizenship if they were born after 2000 when immigration rules changed. But they could remain in the country without issue as EU citizens under EU law.
Post-Brexit they will need to demonstrate that they have the right to be in the country once they turn 18 and this will turn on the rights of their parents.
That's the problem. It seems to me that you are no longer a family member, and therefore do not come under the scope of the agreement. However, that doesn't feel right, and I suspect you would win an appeal to the EUCJ, whose judgements don't always make sense to me. Under the EU Regulations promulgated by the UK government, you lost your retained right of residence when you acquired permanent residence. I am by no means sure that that little regulation is valid under EU law.
Sorry but within the withdraw agreement , Article 17 , clause (h):Richard W wrote: ↑Tue May 01, 2018 9:43 pmThat's the problem. It seems to me that you are no longer a family member, and therefore do not come under the scope of the agreement. However, that doesn't feel right, and I suspect you would win an appeal to the EUCJ, whose judgements don't always make sense to me. Under the EU Regulations promulgated by the UK government, you lost your retained right of residence when you acquired permanent residence. I am by no means sure that that little regulation is valid under EU law.
Where it says family member, it seems to be referring to the equivalent of a present day residence card, so that argument fails. Now, when it comes to someone who has achieved PR and had it documented, they need not still be a family member when the time comes to apply for the new settled status.Alanran wrote: ↑Tue May 01, 2018 11:43 pmIf you go through the withdraw agreement they always mention( EU citizen or family member ) but when you come to Clause (h) article 17 they say PERSON , which it’s mean regardless the nationality .. which it’s mean any EU or other nationality ( recent family member or ex family member who already issued PR ).
Well, your right will last until the end of the transition period, so longer. However, you may lose settled status earlier. EEA nationals have abruptly lost settled status before, in 2000, when being a 'qualified person' suddenly ceased to convey settled status, and EEA nationals had to obtain ILR in order to be settled. If there is a set date on which permanent residence will be lost, it makes no sense for that person to be considered to have no time limit on their right to be in the UK. You require settled status to apply for British citizenship.
ILR on the basis of 10 years lawful residence looks possible - provided that you clock up 10 years before the end of the transitional period.
The statement of intent is indeed much more generous than the treaty requires. I believe your permanent residence will be transformed to ILR on application, though you should check the wording.Richard W wrote: ↑Mon May 07, 2018 4:41 pmILR on the basis of 10 years lawful residence looks possible - provided that you clock up 10 years before the end of the transitional period.
It is conceivable that the Home Office will be more generous than the treaty requires, and allow you to apply for settled status on the basis of your PR. This is still a common belief, but the evidence supporting it is weak.
