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Brits visiting or living in the EU with their Thai family post Brexit.


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Brexit day has come and gone, and the UK is no longer a member of the EU. So what now is the position of a British citizen who wishes to visit or live in an EU member state with their Thai family?

 

Although we have officially left the EU, we are still covered by all the EU rules, regulations and directives during the transitional period; the last day of which is 31st December 2020. This includes, of course, the Freedom of Movement directive.  So for the next 11 months British citizens can still move to live in any EU member state in order to exercise a treaty right as 

  • a student;

  • a worker, employed or self employed;

  • a job seeker for up to 3 months;

  • a person of independent means such as a pension.

Their non EU national, e.g. Thai, qualifying family members also still have the right to join them.

 

Of course, the same applies to the nationals of the remaining 27 EU member states and their families who wish to exercise one of these rights in the UK.

 

Those wishing to visit an EU member with their Thai family member during the transitional period will also be able to do so as before; no visa for the Brit, free Schengen visa for the Thai if accompanying or travelling to join their British family member.

 

However, that could, I believe probably will, all change from 1st January 2021.

 

Unless the agreement reached between the UK government and the EU, if any, includes the FoM directive, British citizens will no longer be covered by that directive. So from 1st January 2020 onwards whilst it is probable that British citizens will not need a visa for tourism or other short term visits, we will need the appropriate visa to enter one of the 27 EU members for any other purpose and their nationals will need the appropriate visa to enter the UK for any purpose other than a visit. Thai family members of British citizens will need to obtain, and pay for, the appropriate visa to enter a EU member for any purpose, including visits.

 

Of course, like the three EEA member countries which are not also EU members and like Switzerland, the UK could agree with the EU to still be covered by the FoM directive post Brexit. But this would be two way; it would not just cover British citizens moving to EU/EEA members and Switzerland; it would cover their nationals coming to the UK. As immigration to the UK from the EU was a major factor in the referendum result, and still is amongst hard line Brexiteers, I cannot see Johnson nor his boss Cummings agreeing to this. Indeed, all the press releases coming from them about quotas and points based systems post Brexit indicate that they will not.

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