BIE GUIDE - FAMILY REUNIFICATION RIGHTS 3- RETAINING STATUS AFTER LIFE CHANGES

 

This post and others published on our blog is the result of a fantastic British in Europe project, funded by the European Union, to inform, connect and empower UK citizens in the EU who are covered by the Withdrawal Agreement (ICE).  

Link to this article on BiE https://www.britishineurope.org/articles/188648-family-reunification-rights-keeping-status-e-g-on-death-departure-divorce

 

Family reunification rights: Keeping status e.g. on death/departure/divorce

Core family members who obtained independent status before the end of transition (31 December 2020) e.g. on death or departure of a WA beneficiary or in the case of divorce in certain circumstances have the right to retain that independent status under the WA.

There are three key situations in which such rights would have been acquired, which are explained below.

Death or departure of a UK citizen

The core family member must have originally lived with the UK citizen in the host state as an EU citizen family member and acquired before the end of the transition period an independent right to remain in the host state under Article 12 of the Free Movement Directive.

The conditions for acquisition of that independent right differ according to whether the core family member is also a UK (and thus was an EU) citizen before the end of transition or a non-EU citizen.

Generally, a core family member who is also a UK citizen must fulfil one of the following conditions: be a worker or self-employed, or self-sufficient or a self-sufficient student with comprehensive health insurance or the family member of such a person.

The conditions for a non-UK, non-EU national core family member are more stringent. Special conditions however apply where the core family members are children who are still in education in the host state and the other parent has custody of them.

Divorce from a UK citizen, annulment of marriage or termination of a civil partnership

The core family member must have lived with the UK citizen in the host state as an EU citizen family member and acquired before the end of the transition period an independent right to remain in the host state under Article 13 of the Free Movement Directive.

The conditions for acquisition of that independent right differ according to whether the core family member is also a UK (and was thus an EU) citizen before the end of transition or a non-EU citizen. If the core family member is a UK citizen, the same conditions apply as in the case of death or departure. For a non-UK, non-EU citizen core family member, the conditions are again more stringent.

Core family members with permanent residence status

Family members who have already acquired permanent residence in the host state before the end of transition can continue to hold their status. Article 10(1)(f) of the Withdrawal Agreement covers family members who acquired permanent residence under Articles 16(2), 17 and 18 of the Free Movement Directive before the end of transition.

Family members who changed status before the end of transition

Note for the avoidance of doubt that if a citizen arrived in the host state as a family member e.g. as a dependent child but became a rights holder before the end of transition as a worker or self-employed worker/self-sufficient/self-sufficient student, they will retain these rights under the WA and will also have family reunification rights of their own.

BiE GUIDE: FAMILY REUNIFICATION RIGHTS 2- DURABLE PARTNERS AND EXTENDED FAMILY

 

This post and others published on our blog is the result of a fantastic British in Europe project, funded by the European Union, to inform, connect and empower UK citizens in the EU who are covered by the Withdrawal Agreement (ICE).  

Link to this article on BiE website: https://www.britishineurope.org/articles/188339-family-reunification-rights-durable-partners-and-extended-family-members 

Family reunification rights: Durable partners and extended family members

Would you like to reunite with your partner or with a member of your extended family in your EU country of residence or host state? While there are family reunification rights in these cases, they are limited and not automatic. Discover how the Withdrawal Agreement (WA) applies to you and your partner/family members.

Family reunification rights of durable partners

Durable partners of WA beneficiaries do not have automatic rights to family reunification but their reunification should be ‘facilitated’.

Their rights to family reunification also depend on whether the relationship existed at the end of the transition period (31 December 2020) and whether their application to have their residence and entry facilitated was made before or after that date. There is no right under the WA to be joined by a future partner.

The principle of non-discrimination is a key aspect of family reunification, in particular, on the basis of gender. Thus, both same-sex and opposite-sex durable partnerships are covered by the family reunification rights provisions of the WA.

1. Facilitating your partner’s residence before the end of transition

If a WA beneficiary was in a durable partnership before the end of transition and still is, and their partner’s residence in their EU country of residence was already facilitated, their partner will keep their right of residence if they continue to reside in that host state.

Similarly, if the partner made an application for facilitation and entry before the end of transition, and it is in the course of being facilitated after the end of transition, the partner will keep their rights to have their entry and residence facilitated under the WA.

2. Facilitating your partner’s residence after the end of transition

WA beneficiaries who were in a durable relationship at the end of the transition period and still are, but who did not yet apply for their partner to join them in the host state, also have some rights to bring in their partner to their EU country of residence or host state . This is not automatic: the entry and residence should be ‘facilitated’, and the partners will have to provide evidence of the relationship.

Assessing the durability of the partnership

Ensuring the unity of the family in a broad sense is an objective set out in Recital 6 of the Free Movement Directive, and any assessment of the durability of a relationship should be made considering this objective (see the European Commission’s Guidance Note on Citizens’ rights). The assessment should take into consideration the applicant’s relationship with the WA beneficiary and any other factors, such as financial or physical dependence.

Family reunification rights of extended family members

Extended or other family members include relatives who are not core family members but who are

• dependent, or

• members of the household of the WA beneficiary, or

• who have serious health problems requiring care.

There are almost no family reunification rights for these extended family members under the WA. The only exceptions are where they were either already living in the host state with the WA beneficiary or in the process of joining them before the end of the transition period (31 December 2020). These family members are thus only covered in the following cases:

1. They were already residing in the EU country of residence or host state at end of transition, regardless of how long they have been residing there, and as long as they continue to reside there. Their rights will be evidenced by the host state by the issuance of a residence card (see Article 10(2) in the WA).

2. They had already applied to join the WA beneficiary in the EU country of residence or host state before the end of the transition period but their application was outstanding at the end of transition. In the case of a positive decision on their application, they will be treated similarly to extended family members who already resided in the host state before the end of transition.

It is thus important to note that extended or other family members do not have any rights to join the WA beneficiary after the end of the transition period (31 December 2020) unless they had already made an application to join the WA beneficiary before the end of the transition period.

Funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the European Education and Culture Executive Agency. Neither the European Union nor the granting authority can be held responsible for them.

 

Link to this article on BiE website: 

https://www.britishineurope.org/articles/188339-family-reunification-rights-durable-partners-and-extended-family-members 

EXEMPTIONS FOR TIE HOLDERS ONLY FROM NEW EU ENTRY-EXIT SYSTEM STARTING 12/10/25

 

The new EU Entry-Exit system begins on Sunday 12 October with exemptions for UK residents in Spain with TIEs (tarjeta de identificación extranjeros). However, this is NOT the case for those with the old certificates green certificates. 

See UK government advice (https://www.gov.uk/guidance/living-in-spain):

Green Certificates (‘Certificado de Registro de Ciudadano de la Unión Europea’) will not be recognised for EES exemption. The Tarjeta de Identidad de Extranjero (TIE) is the only residency document listed in the EU Schengen Border Guard Handbook and is the only document which border officers will accept as legal proof of residency.  

Green Certificate holders may be wrongly identified as overstaying in the Schengen area and, therefore, denied entry to Spain or other Schengen countries.  

Contact the Spanish Government’s ‘Extranjeria’ offices for information on how to apply for the new TIE.

 

Announcement from the Ministerio de Interior: 

 https://www.interior.gob.es/opencms/es/detalle/articulo/La-Union-Europea-activa-su-nuevo-sistema-de-control-de-fronteras-el-12-de-octubre/

  

The European Union to activate its new border control system on 12 October

 

The Entry-Exit System (EES) is a new automated computer procedure that will record the entries and exits of third-country nationals from the Schengen Area and will be implemented progressively until it is fully operational, scheduled for 10 April 2026.

The Ministry of the Interior has invested 83 million euros to adapt all Spanish border posts to the technical requirements of the EES, which will continue to be the responsibility of the National Police while the Civil Guard retains its fiscal protection missions.

The EES will record travellers' passport details, their photo, fingerprints and the date and place of entry or exit, and once operational within six months it will replace the traditional procedure of manually stamping passports.

 

More information: