BREXIT WITHDRAWAL AGREEMENT.

[horizon1985]

Hi,
Just a simple question. What will happen to those Non-eea citizens who have obtained PR after divorced. Do they have any chance to obtain settle status under “ withdrawal agreement” ?
Kind Regards

[ryuzaki]

What will happen to British citizens currently exercising treaty rights and living with a non-EU spouse?

Sounds like to be safe they will have to return together to the UK and apply for residence before March 2019.

[aw17]

Hi,
Just a simple question. What will happen to those Non-eea citizens who have obtained PR after divorced. Do they have any chance to obtain settle status under “ withdrawal agreement” ?
Kind Regards

yes look no 7. its clearly say Family members with a retained right of
residence who are lawfully resident in
accordance with Article 12 and 13 of
Directive 2004/38/EC on the specified
date will fall within the scope of the
Withdrawal Agreement.
https://www.gov.uk/government/uploads/s ... rights.pdf

[horizon1985]

Hi,
Just a simple question. What will happen to those Non-eea citizens who have obtained PR after divorced. Do they have any chance to obtain settle status under “ withdrawal agreement” ?
Kind Regards

yes look no 7. its clearly say Family members with a retained right of
residence who are lawfully resident in
accordance with Article 12 and 13 of
Directive 2004/38/EC on the specified
date will fall within the scope of the
Withdrawal Agreement.
https://www.gov.uk/government/uploads/s ... rights.pdf

Thanks “aw17” for your valuable response. I appreciate that.
Regards

[Richard W]

yes look no 7. its clearly say Family members with a retained right of residence who are lawfully resident in accordance with Article 12 and 13 of Directive 2004/38/EC on the specified date will fall within the scope of the Withdrawal Agreement.

But

A family member who has retained the right of residence ceases to enjoy that status on acquiring a right of permanent residence under regulation 15.

How is that regulation nullified?

It would seem that those who would acquire permanent residence after withdrawal are covered, but not those who acquire permanent residence beforehand!

[horizon1985]

yes look no 7. its clearly say Family members with a retained right of residence who are lawfully resident in accordance with Article 12 and 13 of Directive 2004/38/EC on the specified date will fall within the scope of the Withdrawal Agreement.

But

A family member who has retained the right of residence ceases to enjoy that status on acquiring a right of permanent residence under regulation 15.

How is that regulation nullified?

It would seem that those who would acquire permanent residence after withdrawal are covered, but not those who acquire permanent residence beforehand!

I am not sure how one can interpret “EEA regulation 10(9) here but according to my understanding “ceases to enjoy that status” means free Movement rights and various other benefits which a non-eea could get when he/she as a family member of an EEA national. Once a non-eea acquires permanent residence after retained rights then their stay in UK is solely depend on their personal circumstances.
It is hard to digest that UK will kick out all non-EEA nationals who have already obtained PR after divorce.

Moreover, senior members on this forum can shed light on this issue.

[aw17]

yes look no 7. its clearly say Family members with a retained right of residence who are lawfully resident in accordance with Article 12 and 13 of Directive 2004/38/EC on the specified date will fall within the scope of the Withdrawal Agreement.

But

A family member who has retained the right of residence ceases to enjoy that status on acquiring a right of permanent residence under regulation 15.

How is that regulation nullified?

It would seem that those who would acquire permanent residence after withdrawal are covered, but not those who acquire permanent residence beforehand!
[/quot


it dont say any thing about permanent. it just say (amily members with a retained right of residence who are lawfully resident in accordance with Article 12 and 13 of Directive 2004/38/EC on the specified date will fall within the scope of the Withdrawal Agreement.) if read artical 12 and 13 it talk only retain the rights not about permanent.
when you are living in uk law full under these 2 sections you are covers by withdrawal agreement. dose not matter you got permanent. only ir is not clear that after brexit this right of retain will exist or not. any body who got retain right before brexit is covered .

[Richard W]

it dont say any thing about permanent. it just say (amily members with a retained right of residence who are lawfully resident in accordance with Article 12 and 13 of Directive 2004/38/EC on the specified date will fall within the scope of the Withdrawal Agreement.) if read artical 12 and 13 it talk only retain the rights not about permanent.
when you are living in uk law full under these 2 sections you are covers by withdrawal agreement. dose not matter you got permanent. only ir is not clear that after brexit this right of retain will exist or not. any body who got retain right before brexit is covered .

Your argument seems to be that Regulation 10(9) is invalid. You may be correct.

[Unluckyeea2]

Dear moderators , senior Gurus and friends .
Any updates about dual EEA/UK citizens like Lounes case in Brexit Withdrawal Agreement ? What will happen to people similar to Lounes case after Brexit and are dual EEA/UK citizens going to loose EEA rights after March 2019 ? Thanks to all and appreciate your valuable time .

[A2ROR]

Hi All Moderators and friends,

Would some explain how this new brexit date 31/12/2020 will work for EU and Non EU family’s s immigration status.

What’s the difference between 30/03/2019 and 31/12/2020 brexit time frame ?

Thanks in advance.

[Unluckyeea2]

Brexit date is March 2019 not December2020 .December2020 is end of transitional period but i have no idea what differences are there between these dates . What will happen to dual EEA/UK citizens similar to Lounes cases during transitional period ? Thank you and appreciate your advice .

[A2ROR]

https://www.gov.uk/guidance/status-of-e ... r-families

[Unluckyeea2]

Hi everyone .
@A2ROR thank you for information.
There in no mentions about rights of duaosEEA/UK nationals and their non EEA family members . Thanks

[goodpartner]

yes look no 7. its clearly say Family members with a retained right of residence who are lawfully resident in accordance with Article 12 and 13 of Directive 2004/38/EC on the specified date will fall within the scope of the Withdrawal Agreement.

But

A family member who has retained the right of residence ceases to enjoy that status on acquiring a right of permanent residence under regulation 15.

How is that regulation nullified?

It would seem that those who would acquire permanent residence after withdrawal are covered, but not those who acquire permanent residence beforehand!
[/quot


it dont say any thing about permanent. it just say (amily members with a retained right of residence who are lawfully resident in accordance with Article 12 and 13 of Directive 2004/38/EC on the specified date will fall within the scope of the Withdrawal Agreement.) if read artical 12 and 13 it talk only retain the rights not about permanent.
when you are living in uk law full under these 2 sections you are covers by withdrawal agreement. dose not matter you got permanent. only ir is not clear that after brexit this right of retain will exist or not. any body who got retain right before brexit is covered .

I think they can not remove the possibility of retain rights, if they leave the whole Directive 2004/38/Ec for those who came here before 2021 and new law for those who come later..
However, it is not clear from this agreement, i agree.

[Sunshine86]

Hi Gurus,

Can anyone please suggest on the below where

If my brother (a non-EU national) moves to the UK with his wife (an EU national) through the EEA family permit route after the Brexit (29/03/2019), then in order to continue legally stay in this country would he only be required to apply for the pre-settled status under the new EU settlement proposed scheme or does he need to apply for the UK residence card prior to applying the Pre-settled status.

My understanding is that once this new proposed scheme comes into play, one is only required to apply for the Pre-settled status and not the UK residence card? Or is it both that one has to apply for when moving to this country?
Am I right in assuming this or have I totally made this up?

It will be good to understand what you guys have thought about the transitionary rules in order to guide someone inexperienced like me or a complete newbie looking to move to this country after the brexit withdrawal.

Thanks in advance.