Workshops for EEA nationals on how to secure their status in the UK post-Brexit, including their non-EEA family members; Advice to individuals in the aftermath of Brexit. This status is only open to citizens of EEA member states and eligible family members, including non-EEA family. After Brexit, the rules of Home Office shall pertain to the changes in the Brexit scenario. This means that the same rules apply for non-EEA family members of EEA nationals as they applied before ‘Brexit’. Your email address will not be published. Certain exceptions apply to the post-Brexit residency requirement, including UK nationals who are returning residents and UK nationals who are Swiss, EU, or EEA nationals. These individuals continue to … 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. The total population of the UK is around 65 million, meaning these EEA citizens are around 5% of the total population. A family permit makes it easier to travel with your family member to the UK or to join them there. Visa & Migration are leading UK immigration and human rights law specialists. Settled Status. In a turn of events few predicted, the EU Referendum delivered a result that sent the United Kingdom down the long (so-far) torturous path of extracting itself from the European Union. What will happen to the 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. Brexit has substantial implications for immigration between the UK and the EEA/Switzerland (excluding Ireland). This includes your family members who are citizens of countries outside the EU, EEA or Switzerland. 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. I m an EEA national and he is non EEA from South America , we have been married for 3,5 years, and we have been living in the UK together for 3 years now.. ESC. Non-EEA national family members will have to apply for EEA family permits before traveling to the UK. Currently, the Brexit date is set for 31st January 2020. 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 … 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).. 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 EEA includes EU … The exceptions to the latter are: 1. Thank you in advance for your feedback! One period of a 12-month absence for an important reason, i.e. https://www.gherson.com/blog/family-eea-nationals-no-deal-brexit Without one, you might not get a boarding pass or may be refused entry into the UK. Immigration. One period of a 12-month absence for an important reason, i.e. Those EEA nationals who have been in the UK for 5 years or more can apply for settled status. 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. Our Visa Immigration Lawyers in lahore also provide solution for Eu settlement scheme family permit, Retained right of residence and many more. This includes your family members who are citizens of countries outside the EU, EEA or Switzerland. But how will it work, especially after no deal brexit, for those married after Brexit who want to join spouse in UK? ), 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. The family of some British citizens can also get a permit. 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). 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. 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. 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? Hong Kong British National (Overseas) BN (O) visa. a Tier 2 work permit sponsored by an organisation which holds a … Your family members might be able to apply to the scheme if you started living in the UK by 31 December 2020. You can change your cookie settings at any time. Applying for an EEA Family permit or EU Settlement Scheme family permit; Applying with an Article 10 or Article 20 card. Will EU, EEA or Swiss ID cards still be valid? EEA Family Permit After Brexit. You can stay longer in the UK if you’re eligible for the EU Settlement Scheme. 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. Settled Status. How Brexit impacts you will depend on when you come/came to the UK. 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. Close family member, her means you should be spouse, civil partner, dependent child or dependent parent of an EEA national. 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. Arrivals after the end of the implementation period. In the content of UK immigration law, a family member usually refers to the children under 18 and partners of a sponsor or primary beneficiary. Call our immigration professionals for further details. The EEA comprises 30 European countries: 27 EU countries, Norway, Liechtenstein and Iceland. You may be eligible for the EU Settlement Scheme family permit instead. 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. 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. 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. If you are the non-EEA family member of an EEA citizen, and you are entering the UK on that basis, you will need to have one of the following: a UK-issued Family Permit, an EUSS Family Permit, or a UK-issued biometric residence card to enter the UK. Both the EEA Family Permit and the EU Settlement Scheme Family Permit remain valid for six months from the date of approval. There are already new laws drafted pertaining to the right to be granted to the EU national under Appendix EU of the Immigration Rules. EEA family permits are usually valid for 6 months. It lets you come to the UK for up to 6 months. With the recent victory of Boris Johnson, it is quite likely that a deal will be passed. 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. UK visa consultants Provides best solution for Uk EEA Family Permit. 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. All EEA nationals and Non-EEA family members have a right to enter or remain in the UK. (After the UK actually leaves the EU). 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. Europeans intending to … Non-EEA family members and dependants of British nationals Changes to work permit applications Recognition of qualifications. Should you wish to apply using our professional advice please complete the contact us form. What does this mean for UK nationals living in Ireland? childbirth, serious illness, study, etc; There will be no immigration restriction on the length of time you stay in the UK. You can work and study, and come and go as many times as you want. As of 1 January 2021, British nationals visiting or working in the European Economic Area will be restricted. If a deal happens it has to pass through Parliament but if no deal is passed the default position in that situation is that the UK would leave the EU without a deal. They are a family member of an EEA (excluding UK nationals) or Swiss national. We provide a fast, friendly and affordable service, helping our clients with UK visa applications. 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. Click the "allow" button if you want to receive important news and updates from immigrationboards.com. Find out whether you are eligible to apply for an EEA Family Permit application after Brexit. The EEA Regulations were implemented in the UK Law to facilitate the movement of EEA Nationals within the member states. These individuals will continue to hold the same residence rights to live, work or study in Ireland. 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. The status of family members and extended family members of EEA nationals is precarious. Brexit is the term used to describe the United Kingdom's departure from the European Union (EU). The EEA family permit is ending. We use cookies to collect information about how you use GOV.UK. 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. 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. If I understand correctly EU Settlement Scheme would replace EEA Family Permit after 30 of March 2019. EEA family permits are usually valid for 6 months. EEA Family Permit for non-EEA nationals after Brexit. Required fields are marked *. The EEA Regulations were implemented in the UK Law to facilitate the movement of EEA Nationals within the member states. 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. Email: info(at)ukvisaconsultants.com. It will take only 2 minutes to fill in. 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. Find out more about applying for the EEA family permit to join an EU, EEA or Swiss citizen. Learn more about EEA Family Permit and other visas through Smartmove2UK. Depending on how long you have resided in the UK, we can advise you on how to regularise your stay in the UK. Don’t include personal or financial information like your National Insurance number or credit card details. 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. EEA Family Permit Application. The EEA comprises 30 European countries: 27 EU countries, Norway, Liechtenstein and Iceland. 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. Workshops for EEA nationals on how to secure their status in the UK post-Brexit, including their non-EEA family members; Advice to individuals in the aftermath of Brexit . If they came to the UK on or after 1 January 2021, you’ll usually need to apply for a visa to live, work or study. However, they will not be valid after 30 June 2021, even if there is time left on the permit. 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. The EEA includes EU … Keeping your family in the UK 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. If you're an EU, EEA or Swiss citizen, your family might be able to apply for pre-settled or settled status from the EU Settlement Scheme. Brexit is when the UK leaves the EU with or without a deal. childbirth, serious illness, study, etc; EEA/Swiss citizens and their family members who wish to live in the UK after 23:00 on 31 December 2020 (GMT) will need to apply under the new system, if they are not eligible under the EU Settlement Scheme. 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. For EEA and non-EEA nationals arriving in the UK after 1 January 2021, there will be a new immigration system. With settled status, you become an ordinary resident in the UK. To help us improve GOV.UK, we’d like to know more about your visit today. You’ve accepted all cookies. An EUSS family permit is valid for 6 months, unless: In this case, it’s valid for 4 months from your planned arrival date. 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? All EEA nationals and Non-EEA family members have a right to enter or remain in the UK. A. 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). Despite the fact that the referendum might profoundly affect their future, they were not allowed to vote. Extended family member means you are a brother, sister, aunt, uncle, cousin, nephew or niece. Under current domestic UK legislation, Article 10 Residence Cards are referred to as a Family Permit. 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. Your email address will not be published. This includes your family members who are citizens of countries outside the EU, EEA or Switzerland. Other close family members will be able to apply later in January 2021. 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. We use this information to make the website work as well as possible and improve government services. 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. Brexit is when the UK leaves the EU with or without a deal. You also need to submit the required documents in order to apply for the EEA family permit successfully. Settled status means you have permanent residence or indefinite leave to remain in the UK. We’ll send you a link to a feedback form. If you are the non-EEA family member of an EEA citizen, and you are entering the UK on that basis, you will need to have one of the following: a UK-issued Family Permit, an EUSS Family Permit, or a UK-issued biometric residence card to enter the UK. Don’t worry we won’t send you spam or share your email address with anyone. EU nationals are all expected to hold a settled or pre-settled status before their partner can apply for right to come to the UK. Save my name, email, and website in this browser for the next time I comment. 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. I understand also that at the moment it is in test phase and available only to those married already, with EEA Family Permits and wanting to stay in UK. Find out more about applying for an EUSS family permit to join an EU, EEA or Swiss citizen. The Government has introduced a new immigration system. The exceptions to the latter are: 1. 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. The EEA Family Permit is issued to non-EEA nationals who are family or extended family members of EEA countries excluding the UK. They can apply for pre-settled or settled status from the EU Settlement Scheme if both: 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. Brexit has substantial implications for immigration between the UK and the EEA/Switzerland (excluding Ireland). For extended family members, obtaining an EEA Family Permit is mandatory. Your family relationship must have started by 31 December 2020. 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 … Our business is to help people move to the United Kingdom, and we have up-to-date knowledge about all types of UK visa, including marriage visas, child visas, tourist visas and entrepreneur visas. They may also apply for this permit to visit their EEA family member in the UK. You may also be eligible for the EEA family permit: At the moment, only unmarried partners (‘durable partners’) can make an application. The total number may be higher if their family members (spouses, parents, others) from outside the EU is taken into account. 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. The EEA family permit is ending. 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 … 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. My husband and I are looking at a divorce and I m wondering what the rules are regarding Brexit. In a nutshell, the Surinder Singh case allows a British citizen living in another EEA country with their non-EEA national spouse or dependants to return to the UK with their family members – who have effectively gained free movement immigration rights under European law. The four freedoms, including the free movement of persons (art 1 and 28 EEA). 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 … If a deal happens it has to pass through Parliament but if no deal is passed the default position in that situation is that … 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. After 30 June 2021 they will no longer be valid and no new applications will be accepted. 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. https://smartmove2uk.com/can-i-still-apply-for-eea-family-permit-after-brexit You will not be able to use an EU, EEA or Swiss national ID card to enter the UK from 1 October 2021, unless you: have settled or pre-settled status under the EU Settlement Scheme; have an EU Settlement Scheme family permit; have a frontier worker permit; are an S2 Healthcare Visitor The EEA includes EU … 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. 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).. Depending on how long you have resided in the UK, we can advise you on how to regularise your stay in the UK. 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. For EEA nationals who are already living in the UK, this immigration permission will be granted via the EU Settlement Scheme. Now it only stands a matter when we lose the EEA Regulations and adopt functioning under the new law. 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. EEA family permit after Brexit. Worried about brexit? What can EEA Family Permit/Residence Card Applicants do Before 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. Green text indicates changes from the original version of the legislation. 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 answer is yes. They are from outside the EEA or Switzerland. Will they still be able to apply for an EEA family permit? Click here to see the proposed post-brexit EU settlement scheme. 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. 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