Tight Timing: Ending Up in Limbo between EEA permit and visa with a No Deal Brexit?

[Berlinerr]

Dear all,

Quick request for advice on a complicated timing issue on Brexit.

I am a UK citizen living and working in Berlin (for almost 2 years) with a non EU wife and daughter who is a British citizen. Due to very urgent health issues with own British family we are unexpectedly moving back to the UK and getting my wife an EEA permit under the Surinder Singh route (we are expecting this to come through within the next month / 3 weeks). It however would be almost impossible for us to to arrive and get registered in the UK and apply for settlement by October 31st as I need to give minimum of 3 months notice to work and on our flat.

As a result, in the event of a Boris-powered no deal Brexit on October 31st would that leave us in limbo and having the EEA permit for my wife but being unable to apply for settlement if we are not living in the UK before Brexit on October 31st? Or would having the EEA 6 month Family Permit and then moving and registering in November or December after Brexit mean we can still apply as long as it is before the deadline of 31st December 2020?

Thanks a million to anyone who can provide a bit of clarity on this

[birkeneve]

Following because I’m in the same boat. Husband is UK, we have a daughter and another small person on the way.

[Zerubbabel]

Even after the Brexit, as a British you will be still able to bring your partner back home but you won't be able to use the EEA routes at some point. You would have then to use UK routes for that. These routes are notoriously more difficult and more expensive really.

You are leaving Germany. It's the past. I would try to negotiate with my employer if I were you. This is a typical case of "force majeure". There is an illness and Brexit in the equation. That by itself should warrant some leniency about when you should be allowed to leave the company you are working for at the moment.

[zwfx]

I'm in a similar situation to you as a British citizen living in Berlin for four years, with a non-EEA spouse. We want to move to the UK early next year (timing is too tight before Brexit happens).

The UK gov issued a white paper on this in April. Page 4 gives you information on family reunification: https://assets.publishing.service.gov.u ... the_EU.pdf

The BBC also covered this back in April:
https://www.bbc.com/news/uk-politics-pa ... s-47816000

As far as I can tell, the current routes will be open until March 29 2022, if the relationship existed before 31 Oct 2019, and open until the end of 2020 if the relationship started after the exit date.

I also called up UKVI about this situation and was advised that my spouse wouldn't even need an EEA family permit, and just turn up at the boarder with a marriage cert. This seems pretty sketchy though...

AFAIK the white paper isn't 100% for sure, but it sets out the post-brexit policy intentions.

It would be good to hear what others make of this, and if anybody has any further info.

[Berlinerr]

Thanks so much for the comments and links - this white paper of the govmt (pasted below relevant parts) you linked to *seems* fairly definite. Do you think there is a chance they will somehow go back on this / it might not apply then?

11.We understand that UK nationals are concerned about their right to return
from the EU with their EU or non-EU national family members after exit.
Having listened to these concerns, we will ensure that UK nationals, their
children and other existing close family members can return to the UK under
current rules, until 29 March 2022. This means that existing close family
members, such as children, spouses, partners, parents and grandparents,
where the relationship existed on exit day (or where a child was born
overseas after this date) and continues to exist when they seek to return will
be able to apply to and qualify for the EU Settlement Scheme. After 29 March
2022, such family members will be able to return to the UK by applying
through the applicable UK Immigration Rules.

12.Until 31 December 2020, UK nationals currently living in the EU who return to
the UK after exit will be able to be joined in the UK by future spouses and
partners (where the relationship was established after exit) and other
dependent relatives, if they previously lived in the EU with that family member.
From 2021, the UK Immigration Rules will apply to such family reunion.

13.These arrangements will apply in both a deal and no deal scenario providing
UK nationals in the EU with sufficient continuity after exit to allow families to
plan with confidence, while also bringing family reunion rights for all UK
nationals in the UK and abroad into alignment from 29 March 2022.

[worrieduk]

I also called up UKVI about this situation and was advised that my spouse wouldn't even need an EEA family permit, and just turn up at the boarder with a marriage cert. This seems pretty sketchy though...

I'm also a BC living in Germany with my non-EU spouse and we've applied for their EEA family permit, but they actually have the right to stay in the UK for up to six months without a visa and I'm also wondering if we can just enter the UK and show our marriage certificate. I hate waiting for the decision.