Iceland, Liechtenstein and Norway . Page 6 of 37 Published for Home Office staff on 15 November 2019 Introduction A British citizen can exercise their free movement rights under EU law in an EU or EEA Member State or in … EU-national's family members who are not EU-nationals Close family members who live with British citizens in the EU during the transition period (but who were not living together before 31 January 2020) will also be able to join British citizens returning to the UK by 31 December 2020. You … Family members will need to apply for the government’s EU’s Settlement Scheme. To be joined by family members, you must be either have permanent residency or be a ‘qualified person’ which means you must be either working, self-employed, financially self-sufficient or … EU, EEA or Swiss citizens and their family members who lived in the UK by 31 December 2020 need to apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021. EU law will have to change to make this happen, and the changes could still be challenged as a breach of EU human rights law. Non EEA and non-UK Family members of UK citizens who move to Ireland from 1 January 2021, must apply for residency. If your family members are not EEA or Swiss nationals, and you are coming to, or you are in, the UK as a student, the following family members can come with you, or join you: If you haven’t got pre-settled or settled status yet . Qualifying as Family Member. If they do not need a visa, they must apply for preclearance before travelling to Ireland if they plan to make an application for residence. EEA family members of an EEA national residing in the UK at the time of Brexit will not be able to come to the UK after the date Brexit occurs and register under the EU Settlement Scheme. If you’re an EU, EEA or Swiss citizen, you and your family can apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021. I can see why someone would find this frustrating, but it does not offend current EU law … Excessive requirements and fees 31 2.2.4.2.4. All EU citizens and their family members have the right to move and reside freely within the EU. Instead, they will have to come to the UK and if they stay for longer than 3 months apply for European temporary leave to remain. The following persons are considered to be family members of an EU citizen: spouses and cohabiting partners. Rights of foreign nationals in the UK; Rights of EU and EEA citizens; Guidance Free movement rights: family members of British citizens Guidance … Besides this, as a family member of an EU citizen is understood a foreign national who proves that: he is a relative of an EU citizen that is not specified above if: he lived with this EU citizen in a common household prior to entering the territory in a state of which the person concerned is a citizen or in a state in which the person concerned has permitted stay; Questions and Answers – the rights of EU and UK citizens, as outlined in the Withdrawal Agreement. The number of foreign-born (which includes those who have naturalised or are dual nationals) was 48.9 million or 9.7 per cent of the total … EU citizens and UK nationals must be lawfully residing in the host state at the end of the transition period, in accordance with EU law on free movement of EU citizens. This will allow EU and UK citizens who previously exercised their rights to live, work and study in the UK and the EU respectively, under EU law, to maintain these rights for their entire lifetime, as long as they continue to meet the conditions set in the agreement. EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members Section 55 of the Borders, Citizenship and Immigration Act 2009 Every Child Matters – Change for Children . For non-EU family members of EU nationals who become dual UK-EU citizens without also meeting the requirement of the old system, the consequences could be serious. Although these countries are not members of the EU, their nationals can work in the EU on the same footing as EU nationals, since they belong to the European Economic Area. The consequences 31 2.2.4.2.3. Photograph: Gregory Wrona/Alamy . These rights depend on their status as family members of EU nationals and on their own nationality. Under the Citizenship Directive, non-EU family members of mobile EU citizens acquire residence rights in the host Member State automatically, without having to satisfy any further conditions, such as income requirements or language tests. Which family members are covered? European freedom of movement rules do not allow family members of EU citizens to be blocked if they don’t have a visa. The substantive conditions of residence are the same as those under current EU law. have the right to equal treatment, including access to all social and tax advantages. The EEA family member must have full health insurance if he/she is applying on the basis of his sponsor being a student or self-sufficient. - Family members (including non-EU nationals) who live outside The scope of these rights has also been continuously broadened by the Court of Justice of the EU (CJEU). Decisions for obtaining the new residence status under the Withdrawal Agreement will be made with the objective criteria established … Persons living continuously in a marriage-like relationship in the same household, regardless of their … The situation will become clearer in the course … Check how to apply for settled status under the EU Settlement Scheme. In principle, all non-EU members of the family, accompanying or joining the EEA citizen, or Swiss national, to/in the UK can apply for an EEA Family visa or permit. Non-EU family members of EU/EFTA citizens in Portugal – including spouses, legally registered partners, dependent children or dependent parents/grandparents – can also move to Portugal under the same rights to live, work, receive education and access social security benefits as their European relative in Portugal. EU-national's EU family members. Please see Brexit - immigration and Brexit - EU settlement Scheme. They do not have an automatic right of residence in Ireland. You should check if they need a visa for entering Ireland. This will grant individuals the right to remain in the UK for … But the ECJ has now ruled that EU law does not allow a member state to take decisions which block the legal rights of a family member of an EU citizen - in … You need to apply for a residence card if you are not an EU citizen but are a family member of an EU citizen or of a citizen of Iceland, Liechtenstein, Norway or Switzerland. Treaty on the Functioning of the European Union. I have permanent residence in the UK/EU or will acquire it during the transition period. Workers from Croatia may face temporary restrictions on … The rules on free movement as established in Directive 2004/38 stipulate that. That will depend on the agreements made by the EU and the UK on their future relationship. In this post we look at how to obtain British citizenship after obtaining EU Settled Status. 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