EU Citizen and care for EU parent after Brexit

[Babs81]

Hello,
I am EU citizen in the process of naturalisation (waiting for a decision). I am the only carer for my widowed mum who currently lives in EU. Will she be able to join me after the UK leaves EU so I can look after her in the UK?

Thanks,
Babs

[Richard W]

I am EU citizen in the process of naturalisation (waiting for a decision). I am the only carer for my widowed mum who currently lives in EU. Will she be able to join me after the UK leaves EU so I can look after her in the UK?

This is hard to foretell. I assume she is also an EU citizen.

At present, EEA law says that she may join you in the UK once she becomes dependent on you. However, the Home Office contends that you will lose this right once you become British. The issues are being considered in the Lounes case, for which a judgement is expected soon.

At present, I believe in practice she could just move to the UK regardless of your status, so long as she does not claim benefits. (Her home country is likely to be billed for her medical costs once the NHS gets organised in this matter.) However, just moving like this is likely not to be tolerated once the UK has fully left the EEA.

On the other hand, if she moves to the UK before the 'cutoff date' (March 2019 looks very likely), under the British offer she would be allowed to stay after Brexit.

[Babs81]

Yes, she is an EU citizen. She cannot stay with me now/before cutoff date as she cares for he 94 year old mum back in EU.

It is a really inconvenient and worrying situation as she will be solely dependant on me as I am the only child. I will have dual citizenship (British and EU) so I should retain my EU rights to be able to reside in the UK with my family. But even as a British Citizen it would be totally not right if I am deprived of happy family life as everyone else. How come I can be a British Citizen equal to any other British Citizen If I cannot care for my family that is primarily dependant on me?

I believe it will be a huge problem for many people who wish not to be separated with their family in the future and stay in their new homeland. Most EU citizens that come to live, work (have children, buy houses, gain degrees etc. - as I did several years ago) in the UK are young and have not realised the implications of the Brexit vote yet.. however, a wake up call might come when their parents, back in their EU countries get ill or get old and will not be able to care for themselves. How can you build a stable future life here with such a perspective looming in the back of your mind?

This all leaves me with a question, is it really worth getting British Citizenship if I may loose the right to live with my ageing parent together in the UK (place where I pay taxes, have home etc.)? This is the right that I have now. I may stay with the permanent residency card that will be suffice for years to come I guess.

Lounes case is about Spanish/UK (dual citizen) married to non-EU member, perhaps my situation should be approached slightly different as it it about EU/UK & EU.

[Richard W]

But even as a British Citizen it would be totally not right if I am deprived of happy family life as everyone else. How come I can be a British Citizen equal to any other British Citizen If I cannot care for my family that is primarily dependant on me?

British citizens with foreign parents already suffer this problem. Some have had to solve it by moving it to the land of their parents. Others have used the Surinder Singh route.

Lounes case is about Spanish/UK (dual citizen) married to non-EU member, perhaps my situation should be approached slightly different as it it about EU/UK & EU.

The main difference is that at present your mother can simply move to the UK if she will be self-sufficient. The main difference is that those relatives who are EEA nationals have a right to come to this country for three months at a time; otherwise, the EU laws give no extra rights to EEA relatives that they do not give to non-EEA relatives.

[Babs81]

Thank you Richard for your help.

Do you happen to know when the Lounes case will be decided? I thought it was supposed to be on 30th of May?

Also, what would be the consequences of resigning from British Citizenship in the event when I need to care for my parent in the UK and it would appear that as an EU citizens I have more rights than as a British citizen in this situation?

Many thanks

[Babs81]

The main difference is that at present your mother can simply move to the UK if she will be self-sufficient. The main difference is that those relatives who are EEA nationals have a right to come to this country for three months at a time; otherwise, the EU laws give no extra rights to EEA relatives that they do not give to non-EEA relatives.

Hello again,

I am more concerned about the time after Brexit (March 2019). I am not with you on "The main difference is that those relatives who are EEA nationals have a right to come to this country for three months at a time";

[pochaco]

It means that currently any EU citizen can come to the UK for 3 months regardless of being a qualified person (working, self-sufficient, student, self-employed) or not, but if they want to stay longer than 3 months they should become a qualified person. In practice, this requirement is not really enforced at the moment, although some homeless EU citizens have already been deported.

[secret.simon]

as an EU citizens I have more rights than as a British citizen in this situation

That pretty much sums up the cause for disagreements between the UK and the EU in the negotiations on citizens rights.

Do you happen to know when the Lounes case will be decided? I thought it was supposed to be on 30th of May?

Expected towards the end of the year. The Advocate-General gave his legal advice on 30th May. That legal advice is generally, but not always, followed by the Court.

Is your mother an EEA citizen in her own right? Can she get private health insurance in the UK for her health issues?

[Babs81]

I have been living in the UK for almost 10 year now and never heard about it, but perhaps I have been always employed permanently and never had any issues.

[secret.simon]

never heard about it

Never heard about what?

Also, is your mother an EEA citizen in her own right? Can she get private health insurance in the UK for her health issues?

[pochaco]

Do you happen to know when the Lounes case will be decided? I thought it was supposed to be on 30th of May?

Expected towards the end of the year. The Advocate-General gave his legal advice on 30th May. That legal advice is generally, but not always, followed by the Court.

Towards the end of the year? The press reporting the AG's opinion and the barrister representing Lounes mentioned "end of the summer". Any new development I am not aware of?

[Babs81]

I have never heard of what pochaco wrote that currently any EU citizen can come to the UK for 3 months regardless of being a qualified person (working, self-sufficient, student, self-employed) or not, but if they want to stay longer than 3 months they should become a qualified person. In practice, this requirement is not really enforced at the moment, although some homeless EU citizens have already been deported.

She is an EU citizen, she was born there, payed taxes, now is retired and has all the EU insurance in place. I don't see any issue with arranging a private one in the event I have to care for her in the UK. She would be living with me anyway and I would cover her cost of living. The only issue is whether or not she could stay with me for as much as it is required.

Also, I have not heard anything about the resolution of Lounes case being postponed to the end of this year.

[pochaco]

According to what you say your mother would fit into the "self-sufficient" category.

[Babs81]

I wonder how long once can stay being categorised in the self-sufficient category. And we are talking here about a current situation that may change after Brexit.

[Wanderer]

What do you mean by British AND EU citizen, do you have a citizenship of another EU state? Have you ever exercised a treat right?

[Babs81]

I am an EU citizen waiting for a decision on naturalisation, living in the UK. After that I will be of dual nationality. My mum is EU citizen living in EU now. Yes, I have exercised the treaty rights, got permanent residency card etc.