EU Brexit agreement - EU families settling in UK

[brewsterbudgen]

Everything I've read about Mrs May's agreement with the EU for Brexit says that families of the EU citizens in the UK can join them. Does this mean that, as present, no financial requirements are required, unlike for UK citizens? If so, would making this law open up more opportunities for a legal challenge? I seem to remember that prior to this new agreement, the government had stated that EU citizens would have to meet the same financial requirements as UK citizens. That seems to have been ditched or left deliberately vague.

 

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[steve187]

i think its a bit early to examine all the details, but i did i read this 

''The latest deal also includes reunification rights for relatives who do not live in the UK, to join them in the future.

These rights extend to future spouses or partners of EU citizens.''

 

and this

'' The process for giving EU citizens residency rights in the UK will be under a new procedure, referred to as "settled status".''

''The cost of the process is more unclear, with reports stating it will be "free of charge" or "for a charge not exceeding that imposed on nationals for the issuing of similar"

[brewsterbudgen]

9 minutes ago, steve187 said:

i think its a bit early to examine all the details, but i did i read this 

''The latest deal also includes reunification rights for relatives who do not live in the UK, to join them in the future.

These rights extend to future spouses or partners of EU citizens.''

 

and this

'' The process for giving EU citizens residency rights in the UK will be under a new procedure, referred to as "settled status".''

''The cost of the process is more unclear, with reports stating it will be "free of charge" or "for a charge not exceeding that imposed on nationals for the issuing of similar"

Interesting.  But no mention of them having to meet any financial requirements.

[7by7]

From "Citizens' rights" in the joint report published yesterday by the EU Commission.

Quote

6. The overall objective of the Withdrawal Agreement with respect to citizens' rights is to provide reciprocal protection for Union and UK citizens, to enable the effective exercise of rights derived from Union law and based on past life choices, where those citizens have exercised free movement rights by the specified date.

The specified date being the date of actual Brexit.

 

So the following only applies to those EU citizens living in the UK and those British citizens living in another EU state on the specified date. After that the hosts state's national law, in the case of the UK the immigration rules, will apply, to those wishing to enter.

 

Quote

12. Irrespective of their nationality, the following categories of family members who were not residing in the host State on the specified date will be entitled to join a Union citizen or UK national right holder after the specified date for the life time of the right holder, on the same conditions as under current Union law:

a. all family members as referred to in Article 2 of Directive 2004/38/EC, provided they were related to the right holder on the specified date and they continue to be so related at the point they wish to join the right holder; and

b. children born, or legally adopted, after the specified date, whether inside or outside the host State, where: 

     i. the child is born to, or legally adopted by, parents who are both protected by the Withdrawal Agreement or where one parent is protected by the Withdrawal Agreement and the other is a national of the host State; or

     ii. the child is born to, or legally adopted by, a parent who is protected by the Withdrawal Agreement and who has sole or joint custody of the child under the applicable family law of an EU27 Member State or the UK and without prejudging the normal operation of that law, in particular as regards the best interests of the child;
 
13. The UK and EU27 Member States will facilitate entry and residence of partners in a durable relationship (Article 3(2)(b) of Directive 2004/38/EC) after the UK’s withdrawal in accordance with national legislation if the partners did not reside in the host state on the specified date, the relationship existed and was durable on the specified date and continues to exist at the point they wish to join the right holder; 
 
14. The right to be joined by family members not covered by paragraphs 12 and 13 after the specified date will be subject to national law;

 

 

Edited December 9, 2017 by 7by7
Addendum