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Travel to EU after Brexit

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  • LAWYER RESPONSE Travel to EU after Brexit

    Can a family member(non eu citizen) travel to the EU from UK with a previously issued Residence card in a member state country? Family member and EU citizen both residing in the UK with a pre settlement status.

  • #2
    Originally posted by Diogramix View Post
    Can a family member(non eu citizen) travel to the EU from UK with a previously issued Residence card in a member state country? Family member and EU citizen both residing in the UK with a pre settlement status.
    Morning,

    As far as I'm aware, EU countries still accept residence cards issued to family members of EEA nationals under EEA rules to travel to other EU countries, since nothing changed in the rest of the EU with Brexit, however, from January 1st, residence cards issued in the UK are no longer accepted for visa free travel to the rest of the EU, even if they are still valid and the family member has EUSS status in the UK, since the status is under UK immigration rules rather than EEA rules.

    From your wording, it's not entirely clear to me whether the family member has a residence card issued by the UK or by another EU country.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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    • #3
      Hi,

      Thanks for the reply. Family member has EU residence card issued to them while residing in EU with me their EU sponsor. We moved to UK a few years ago and family member is issued a UK residence card under EUSS.
      Are they able to use the still valid EU residence card to travel to EU from UK? I know using the UK issued one will require a visa.

      Comment


      • #4
        Originally posted by Diogramix View Post
        Hi,

        Thanks for the reply. Family member has EU residence card issued to them while residing in EU with me their EU sponsor. We moved to UK a few years ago and family member is issued a UK residence card under EUSS.
        Are they able to use the still valid EU residence card to travel to EU from UK? I know using the UK issued one will require a visa.
        Tim M (lawyer) Would you be able to comment on this? As they still have their own residence card from another EU country, but I'm assuming their right of residence there would have lapsed, since they've been in the UK a few years.

        I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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        • #5
          yes but the card may still be valid and provide a right of entry. The honest answer is that I do not know so the best solution is to contact the Embassy / Immigration department of the country itself and ask them

          I am an Immigration Adviser with Commonwealth Immigration. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Tim M for full details.

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          • #6
            Hi,
            Thank you for the response, I did contact the Embassy and they confirmed the card can be used for re entry with a valid passport only if presented at the border. The concern now that will this have any impact on the FM status in the UK?

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            • #7
              Originally posted by Diogramix View Post
              Hi,
              Thank you for the response, I did contact the Embassy and they confirmed the card can be used for re entry with a valid passport only if presented at the border. The concern now that will this have any impact on the FM status in the UK?
              Tim M

              I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

              Comment


              • #8
                I dont see how it would if the family member and EU citizen are continuing to live in the UK and meet all the requirements to eventually apply for Settled Status. I dont see a situation where such a card needs to be shown to the Home Office

                I am an Immigration Adviser with Commonwealth Immigration. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Tim M for full details.

                Comment


                • #9
                  Thank you for the response I appreciate.

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