With settled status, you become an ordinary resident in the UK. Article 10 and Article 20 residence cards are documents issued under the EU Free Movement Directive by EEA Member States to the non-EEA family members of EU citizens. The new system is likely to be a continuation of the current system which is based around sponsorship e.g. UK nationals may receive a residence permit to reside with their partner in the Netherlands, study, work, or obtain Dutch citizenship. The EEA family permit is ending. Find out more about applying for an EUSS family permit to join an EU, EEA or Swiss citizen. ), a non-EEA family member of an EEA or Swiss citizen can apply for EU settlement scheme family permit for joining or accompanying to the UK under Appendix EU (Family Permit) to the Immigration Rules. After a divorce with an EU national , Ive applied to retain my rights for residence and been granted a 5 year valid Biometric Residence card by UK Home office. Non-EEA national family members will have to apply for EEA family permits before traveling to the UK. Applying for an EEA Family permit or EU Settlement Scheme family permit; Applying with an Article 10 or Article 20 card. Joining Family Members after Brexit under EEA Settlement Scheme Article by Asya Chaudhry – Solicitor at Fountain Solicitors The Statement of Changes In Immigration Rules HC 813 , published on 22 October 2020, sets out significant changes to the Immigration Rules, which allow EEA or Swiss citizens resident in the UK prior to 31 December 2020 to be joined by their family members … As of 1 January 2021, British nationals visiting or working in the European Economic Area will be restricted. Any person, who is an EU, EEA (EU, Iceland, Liechtenstein, and Norway) or Swiss citizen (and their immediate family members) who wishes to remain in the UK after Brexit and who does not currently hold Indefinite Leave to Remain, must apply for Pre-Settled or Settled status under the EU Settlement Scheme by 30 June 2021. One period of a 12-month absence for an important reason, i.e. If you are the close family member of an EEA national who has ‘settled’ or ‘pre-settled’ status in the UK, you can apply for the EU Settlement Scheme Family permit. Hong Kong British National (Overseas) BN (O) visa. You will get settled status if you started living in the UK by 31 December 2020 or the day the UK leaves without a deal and if you have had continuous residence in the UK for 5 years (6 months in a 12 month period).. Since the occurrence of Brexit, the UK has allowed for a transitional period in which EEA Nationals and their family members will be able to regularize their status in the UK without having to return back home. The total number may be higher if their family members (spouses, parents, others) from outside the EU is taken into account. If you’re a non-EEA family member of an EU, EEA or Swiss citizen You will need a valid national passport, and one of the following: an EU Settlement Scheme family permit a UK-issued EEA family permit a UK-issued biometric residence card You will not be able to use an Article 10 or Article 20 residence card issued by an EEA member state. Despite the fact that the referendum might profoundly affect their future, they were not allowed to vote. Now, the question is what about non-EEA family members who wish to come to the UK to join their family member who is an EEA national? Under the scheme, arrangements have been put in place by the Irish government for non-EEA nationals who are a family member or dependant of a British citizen who as of 31 December 2020 hold a valid Irish Residence Permit (IRP) Card. There are no immediate legal consequences to EEA nationals and their non-EEA family members that flow directly from the referendum result to leave the European Union (EU). This includes your family members who are citizens of countries outside the EU, EEA or Switzerland. To my understanding the EU-UK treaty on Freedom of Movement will still be valid and have to be honored up until the point that the treaty is ended. After 30 June 2021, the UK Ministry of the Interior will not accept permanent residence cards and certificates of registration in EEA countries and Switzerland. EEA Family Permit After Brexit. If you're from the EU, European Economic Area (EEA) or Switzerland every member of your family should apply to stay in the UK after Brexit. You can apply for the EU Settlement Scheme family permit if you’re the close family member of an EU, EEA or Swiss citizen who was living in the UK by 31 December 2020. Settled Status. Email: info(at)ukvisaconsultants.com. The new rules also apply to Swiss citizens who are not formally part of the EEA. You’ve accepted all cookies. Will they still be able to apply for an EEA family permit? Arrangements have been put in place by the Irish Government for non-EEA nationals who are a family member or dependent of a British citizen who as of 31 December 2020 hold a valid Irish Residence Permit (IRP) Card. QUESTION: Can we still apply for the EEA family permit, and once in the UK apply for a residence permit while UK exit arrangements are being negotiated? They are a family member of an EEA (excluding UK nationals) or Swiss national. EEA family permit after Brexit. One period of a 12-month absence for an important reason, i.e. Save my name, email, and website in this browser for the next time I comment. Depending on how long you have resided in the UK, we can advise you on how to regularise your stay in the UK. The EEA includes EU … Find out more about applying for the EEA family permit to join an EU, EEA or Swiss citizen. It lets you come to the UK for up to 6 months. Without one, you might not get a boarding pass or may be refused entry into the UK. What does this mean for UK nationals living in Ireland? This scheme applies to both visa required and non-visa required nationals. EEA family permit would still be applicable allowing applicants to come to the UK provided they meet the following conditions. The EEA includes EU … childbirth, serious illness, study, etc; To help us improve GOV.UK, we’d like to know more about your visit today. Currently, the Brexit date is set for 31st January 2020. An EEA Family Permit is similar to the issue of an entry clearance visa for the UK in that it will enable you to enter the UK as the family member of an EEA national. Settled status means you have permanent residence or indefinite leave to remain in the UK. Now it only stands a matter when we lose the EEA Regulations and adopt functioning under the new law. An application for an EEA family permit may be submitted from any location outside of the UK. The exceptions to the latter are: 1. EEA Family Permit After No-Deal Brexit Post by fb123 » Thu Aug 22, 2019 12:14 am Will EEA Family Permit be open for extended family members of EEA Nationals who currently living in uk or this route will closed after 31 october in case of no deal brexit ? The EEA comprises 30 European countries: 27 EU countries, Norway, Liechtenstein and Iceland. You can change your cookie settings at any time. Bringing family to live in the UK after Brexit This advice applies to England If you’re an EU, EEA or Swiss citizen living in the UK, some of your family can also apply to come and live in the UK. The EEA Family permit is valid for 6 months, however, the national that arrived in the UK through that route would not ‘’overstay’’ simply because of the expiry of the document. For extended family members, obtaining an EEA Family Permit is mandatory. There are some key differences to the two permits, notably the EEA family permit may only be used by a family member of an EEA citizen who is a Qualified Person (working, self-employed, studying or self-sufficient*) or has a document certifying permanent residence. Prior to Brexit and until the end of the transition period on 31 December 2020, this also allows entry from eligible Applicants to the UK. Don’t include personal or financial information like your National Insurance number or credit card details. Please note you will no longer be able to use your Article 10 or Article 20 residence card issued by an EEA member state to enter the UK. There is no fee payable to the Home Office for an EEA Family Permit application and the application will be given priority by UK Visas and Immigration. Pre-settled status is for those EEA nationals who come to the UK by 31st December 2020 and have not completed 5 years of continuous residence in the UK. The EEA Family Permit is issued to non-EEA nationals who are family or extended family members of EEA countries excluding the UK. Those EEA nationals who have been in the UK for 5 years or more can apply for settled status. EEA family permits are usually valid for 6 months. The UK left the EU at 11pm (GMT) on 31 January 2020 on the basis of an agreement made between the UK and the EU known as the Withdrawal Agreement. Visa & Migration are leading UK immigration and human rights law specialists. All content is available under the Open Government Licence v3.0, except where otherwise stated, EU Settlement Scheme family permit: join an EU, EEA or Swiss citizen, EU Settlement Scheme family permit: join a British citizen, EU Settlement Scheme family permit: retained right of residence, EEA family permit: retained right of residence, EEA family permit: derivative right of residence, Check how the new Brexit rules affect you, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases. EEA family permits are usually valid for 6 months. https://smartmove2uk.com/can-i-still-apply-for-eea-family-permit-after-brexit This means that the same rules apply for non-EEA family members of EEA nationals as they applied before ‘Brexit’. Arrivals after the end of the implementation period. This includes your family members who are citizens of countries outside the EU, EEA or Switzerland. If your eligible family member was living in the UK by 31 December 2020, you can apply to the EU Settlement Scheme to continue living here after your family permit runs out. The EEA includes EU … Where a family moves to the UK after a no-deal Brexit, but before 31 December 2020, the EEA national family members will be able to enter on their passports. If you're from the EU, European Economic Area (EEA) or Switzerland every member of your family should apply to stay in the UK after Brexit. Extended family member means you are a brother, sister, aunt, uncle, cousin, nephew or niece. All EEA nationals and Non-EEA family members have a right to enter or remain in the UK. You can stay longer in the UK if you’re eligible for the EU Settlement Scheme. Your email address will not be published. All non-EEA family members or dependents of British citizens who are seeking to join or accompany the British citizen to live in Ireland after 23:00 on 31 December 2020 will need to apply for permission through a preclearance or visa scheme (depending on their nationality). EEA nationals will likely be subject to light-touch registration procedures from Brexit Day forward, but can be reassured of their continued right to work until the end of 2020. The new rules also apply to Swiss citizens who are not formally part of the EEA. A non-EEA national may apply for a EEA family permit, or family permit under the EU Settlement Scheme, to accompany their EEA family member. There will be no immigration restriction on the length of time you stay in the UK. Each family member of those from EU, EEA or Switzerland should apply under the Appedix EU for pre-settled, settled of or the EEA Family Permit status from outside the UK. EEA Family Permit Application. We use cookies to collect information about how you use GOV.UK. The Government has introduced a new immigration system. The EEA family permit is ending. The EEA includes the EU countries and also Iceland, Liechtenstein and Norway. Keeping your family in the UK after Brexit. For EEA and non-EEA nationals arriving in the UK after 1 January 2021, there will be a new immigration system. They may also apply for this permit to visit their EEA family member in the UK. The card I was sent is a residence c... Stack Exchange Network. BREXIT, EU and EEA Applications, Permanent Residence Card and Appeals The British Nationality (General) (Amendment No.3) Regulations 2015 which came into force on the 12th November 2015 requires individuals relying on the automatic EU right of Permanent Residence after five years must now show they have been issued a Residence Permit or Permanent Residence before making the … Under current domestic UK legislation, Article 10 Residence Cards are referred to as a Family Permit. For EEA nationals who are already living in the UK, this immigration permission will be granted via the EU Settlement Scheme. We’ll send you a link to a feedback form. Currently, the British government is not looking to change the rules on the EEA Family Permit for the foreseeable future, they have insisted that there will be provisions put in place for EEA citizens and they will also continue to use EEA family permit. Apparently, from March 30, 2019, until the specified date (perhaps Dec 31, 2020! If I understand correctly EU Settlement Scheme would replace EEA Family Permit after 30 of March 2019. 2 December, 2020 Ensuring that current position is maintained after Brexit in relation to access to benefits and housing for family members of EEA Citizens granted limited leave to enter UK under EUSS family permit Learn more about EEA Family Permit and other visas through Smartmove2UK. If you are a close or extended family member of an EEA national, you can apply for an EEA family permit. Issue of EEA family permit This section has no associated Explanatory Memorandum 12.—(1) An entry clearance officer must issue an EEA family permit to a person who applies for one if the […] Your family relationship must have started by 31 December 2020. After 30 June 2021, the UK Ministry of the Interior will not accept permanent residence cards and certificates of registration in EEA countries and Switzerland. Brexit will come fully into effect on 31 December 2020, when the UK leaves the EU after the end of the transition period. EEA Family Permits and/or Residence cards refused for many EEA family and extended family members.On 23 rd June 2016, Britain was turned upside down. A family permit makes it easier to travel with your family member to the UK or to join them there. Brexit has substantial implications for immigration between the UK and the EEA/Switzerland (excluding Ireland). Non-EEA citizen family members of an EU, EEA or Swiss citizen frontier workers can also apply for this scheme if the EU, EEA or Swiss citizen frontier worker does not live in the UK, as long as the family member does. They can apply for pre-settled or settled status from the EU Settlement Scheme if both: https://www.gherson.com/blog/family-eea-nationals-no-deal-brexit Following the recent Brexit vote, Ronald Fletcher Baker LLP considers the British Nationality (General) (Amendment No.3) Regulations 2015, and the impact this will have on individuals relying on the automatic EU right of Permanent Residence after five years. After 30 June 2021 (or in the event of a no-deal Brexit, 31 December 2020), immediate non-EU family members of EU citizens living in the UK must apply for an EUSS Family Permit. This includes your family members who are citizens of countries outside the EU, EEA or Switzerland. However, whether a deal is passed or not passed what happens to an EEA national living in the UK and what happens to their family members is a question. 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. You will get settled status if you started living in the UK by 31 December 2020 or the day the UK leaves without a deal and if you have had continuous residence in the UK for 5 years (6 months in a 12 month period).. Settled Status. Currently, the British government is not looking to change the rules on the EEA Family Permit for the foreseeable future, they have insisted that there will be provisions put in place for EEA citizens and they will also continue to use EEA family permit. You can apply for the EEA family permit if you’re the close family member or unmarried partner of a person from the EU, EEA or Switzerland. However, if you are a non-EEA national and you are seeking entry clearance to the UK to remain with your partner who is an EEA National, you may be required to apply for this visa. if you have the right to stay in the UK as the family member of an EU, you plan to arrive in the UK on or after 1 April 2021, your application is approved more than three months ahead of your planned arrival date. Depending on how long you have resided in the UK, we can advise you on how to regularise your stay in the UK. The EEA Regulations were implemented in the UK Law to facilitate the movement of EEA Nationals within the member states. After 30 June 2021 they will no longer be valid and no new applications will be accepted. After Brexit, the UK, not being a member of EFTA, and not anymore an EU member, could not be an EEA member and could not be a candidate to become one. However, if you are a non-EEA national and you are seeking entry clearance to the UK to remain with your partner who is an EEA National, you may be required to apply for this visa. As of now EU and EEA nationals living in the UK until 30 June 2021 or 31 December 2020 in case the UK leaves the EU without a deal. These rights are accorded regardless of their country of citizenship, meaning that non-EEA nationals who are eligible family members of EEA-nationals can benefit from free movement. For example, a Spanish citizen who moves to the UK under free movement can bring an eligible family member from Australia (a non-EEA country), who will be accorded the same rights of entry and … They are from outside the EEA or Switzerland. If a deal happens it has to pass through Parliament but if no deal is passed the default position in that situation is that … EEA nationals acquire an automatic right of permanent residence in host members states in which they have legally resided for a continuous five-year period. These individuals continue to … 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. Both the EEA Family Permit and the EU Settlement Scheme Family Permit remain valid for six months from the date of approval. Call our immigration professionals for further details. They can apply for pre-settled status that will enable them to stay in the UK until they complete 5 years here, after which they will be eligible to apply for settled status. Brexit is the term used to describe the United Kingdom's departure from the European Union (EU). What will happen to the EEA family permit after Brexit? In making an application for an EEA Family Permit or EEA Residence Card under EU law, EEA extended family members are asking for discretion to be exercised in their favour, and for the Home Office to recognise that if they were not granted a right to stay in the UK, the EEA national’s exercise of Treaty rights would be interfered with. Frequently Asked Questions - UK Nationals and non-EEA family members residing in Ireland at the end of the Brexit transition period on 31 December 2020 Q1. Call Us: +923000341257. Procedurally, in order to become a member of the EEA after « the (EU) Treaties shall cease to apply » to it (art 50 (3) TEU), the UK would first have to present its candidacy and negotiate and conclude an accession agreement to become an EFTA member (art … From 1 January 2021, all non-British/Irish nationals will require immigration permission to enter or be in the UK if they intend to reside, work or study. Find out more about rules for frontier workers and their families. 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