BiE GUIDE: FAMILY REUNIFICATION RIGHTS 1. CORE FAMILY MEMBERS

 

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/188089-family-reunification-rights-a-guide-to-core-family-members-rights

 

Family reunification rights: A guide to core family members' rights

Family reunification is fundamental for Withdrawal Agreement (WA) beneficiaries, whether their family members lived with them before the end of 2020 (the end of the transition period) or not. Would you like to reunite with a family member in your EU country of residence? Discover how the Withdrawal Agreement applies to you and your family.

WA family reunification rights can be divided into three main categories according to the type of family member: core family members, durable partners, and other family members. This short explainer concentrates on the rights of core family members. We will cover durable partners and other family members in future posts.

Who counts as a core family member?

Core family members include the following:

1. Spouse or registered partner

2. Dependent children and other direct descendants: children and other direct descendants under 21 or who are over 21 and can show dependence (including adopted children)

3. Dependent parents and other dependent direct ascendants

Note: categories 2 and 3 include the dependent children/direct descendants and dependent parents/other dependent ascendants of the spouse or partner under the Free Movement Directive (Directive 2004/38). In the case of the WA, these core family members are only covered if they resided in the host state before the end of transition (see below).

What are their rights?

Core family members have automatic rights to reside with a WA beneficiary under the WA if:

1. they resided in the host state before the end of transition (31 December 2020) in accordance with EU law as a family member and they still do so; or

2. they did not reside in the host state before the end of transition (31 December 2020) but they were directly related to the WA beneficiary before the end of transition, fell within the definition of family member under the Free Movement Directive and they still fall within that definition when they apply to move to join the WA beneficiary after the end of transition.

Spouses and registered partners: key points to note

Note: This section addresses the family reunification rights of spouses and registered partners only.

If a WA beneficiary’s spouse or registered partner wished to join them after the end of the transition period, they would need to demonstrate that they were married/registered partners before the end of transition and are still married/registered partners when the spouse moves to join the WA beneficiary.

WA beneficiaries who were not in a relationship before the end of transition have no rights to family reunification with a future spouse or registered partner under the WA. This is expected to have a disproportionate impact on younger WA beneficiaries.

Non-discrimination and gender

The principle of non-discrimination is a key aspect of family reunification, in particular, on the basis of gender. The term ‘spouse’ is to be interpreted as gender-neutral. Same-sex and opposite-sex marriages, civil partnerships (and durable relationships) are to be treated in the same way under the WA. This also applies to the children of both same- and opposite-sex couples. The EU Charter of Fundamental Rights refers to the right to family life (Article 7) and the principle of non-discrimination (Article 21). (See ‘Chapter 8: Non-discrimination and right to equal treatment’ of our Legal report.)

Children and parents/grandparents who were already living in the EU country of residence

As stated above, children under 21 are covered by family reunification rights.

Other direct descendants over 21, as well as parents and other direct ascendants, who were already residing with a WA beneficiary before the end of transaction and still do so are also covered.

Children and parents/grandparents who wish to move to join a WA beneficiary in future

Children under 21 will have an automatic right to move to join the WA beneficiary.

However, those over 21 and parents/grandparents who wish to move in future will have to show that they are dependent and, specifically, financially dependent on the WA beneficiary. Caselaw under the Free Movement Directive (Directive 2004/38) has developed the following criteria on dependence:

1. material support for the dependent relative must be shown as a matter of fact, taking into account their financial and social circumstances (even if there is no right to maintenance and they would be able to work to support themselves);

2. material support is assessed at the time of family reunification and usually in relation to the state of origin of the family member, although recent caselaw raises some exceptions to this;

3. documentary evidence of material support must be shown, by any appropriate means.

The criteria, however, do not refer to any specific level of standard of living to determine a need for financial support.

In practice, we often come across cases where an elderly parent wants to join their adult child in their host state without being financially dependent on them. Case law has held that free movement provisions are to be interpreted broadly. It might therefore be possible to try to argue that regular payments for property expenses or assistance such as cleaning and social care not covered by their pension might qualify as evidence of dependence but it would be better to seek legal advice on this.

It is important to note that family members who join a WA beneficiary do not later lose their rights when they are no longer dependent, for instance after becoming employed or turning 21. Both WA beneficiaries and family members may change status under the WA and the WA expressly provides that family maintain their rights after they cease to be dependents.

What are the rights of future children?

WA beneficiaries have family reunification rights for future children under the WA. Future children of WA beneficiaries will be covered by the WA if:

1. They were born to or adopted by a WA beneficiary, whether inside or outside the host state. If they were born or adopted outside the host state, they still fall within the definition of family member when they apply to move to join the WA beneficiary.

2. They can demonstrate one of the following:

• both parents are WA beneficiaries in the host state;

• one parent is a WA beneficiary in the host state and the other is a national of the host state;

• one parent is a WA beneficiary in the host state and has sole or joint rights of legal custody in line with the relevant applicable family laws.

Open questions

Although WA beneficiaries’ family reunification rights mirror in part those of EU citizens under the Free Movement Directive, they are much more limited. It also remains unclear whether family reunification rights are one-off rights or if family members of WA beneficiaries can exercise them more than once.

If you encounter issues with family reunification under the WA, or need further information, British in Europe and the country groups in our network are able to provide general advice and support but if you need advice about your legal position, we would always recommend that you contact Your Europe Advice. For further information on family reunification see our legal report.

Documents

ICE Project Legal Report on WA and Charter rights.pdf

KNOW YOUR RIGHTS: BRITISH IN EUROPE'S GUIDE TO THE WITHDRAWAL AGREEMENT'S RULES ON ABSENCES

 

This post and others published on our blog is the result of a fantastic BiE 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/188089-family-reunification-rights-a-guide-to-core-family-members-rights  

Family reunification rights: A guide to core family members' rights

For UK nationals living in the EU, the Withdrawal Agreement (WA) provides crucial legal protections - but only if you follow the rules. As 2025 marks 5 years since the end of the transition period, and many UK citizens become eligible for permanent residence in the EU, it is more important than ever to understand your rights. One area of confusion is absences: if you spend too long outside your host country, you risk losing your residency status. Here we take a closer look at the key rules on absences under the WA.

Temporary residence: what you need to know

Short absences (6 months)

If you are a UK national with temporary, or pre-permanent residence status in the EU, you are entitled to an absence of up to 6 months per year with no effect on your residency rights. This aligns with EU rules on free movement and ensures that short trips or longer visits outside the country don’t interfere with your residency.

A key point to note is that the rules on absence do not apply to calendar years in line with the Commission's position set out in its Guidance on absences and loss of residence status under the WA and its Guidance on the right of free movement of December 2023 . Instead, years are measured from the day you began exercising your rights as a legal resident under free movement law in an EU country. This date may vary, depending on your status.

Based on this approach, the following would apply. If you are employed or self employed, the year starts on the day you first begin working in your country of residence. If you are self-sufficient, it is the day on which you have both your own source of income and are registered for comprehensive health insurance. If you are a student, you would need to show both your enrolment as a student and that you are registered for comprehensive health insurance.

Longer Absences (6 months – 12 months, with ‘Important Reason’)

In some cases, you might need to be away from your country of residence for longer. An absence of up to 12 consecutive months is allowed if justified by a valid reason, such as:

• Study or vocational training

• Work postings

• Pregnancy and childbirth

• Serious illness

This list is not exhaustive, and there may be other reasons to justify an extended absence. You should be aware that the relevant authorities in your host country may ask for evidence to support an extended absence.

Permanent residence

Gaining permanent residence has key advantages in terms of, for example, how long you can be absent from your country of residence. During the EU-UK negotiations, British in Europe lobbied for an extended absence period for those who had already acquired permanent residence (see what we have achieved so far), recognising the gap left by the loss of free movement across the EU.

As it now stands, after five years of legal residence in the EU, UK nationals qualify for permanent residence under the WA. This status allows absences of up to five consecutive years without affecting residency rights. If you haven’t yet applied for a WA permanent residence card, you can read more here about why it is worth upgrading.

What happens if you return within the 5 years?

A common question from UK citizens in the EU is for how long they must return to their country of permanent residence in order to break their absence. While there is nothing written in the WA to explicitly explain this, current case law emphasises that absence means absence, therefore any return, even for a few days, would restart the clock, unless there is evidence of misuse of rights.

What would happen if you were absent for longer than the allowed period?

Going beyond the permitted absence period can result in the loss of your rights under the Withdrawal Agreement. If this happens, it may be necessary to reapply under national immigration rules, but these are likely to be more restrictive and may not guarantee re-entry. It is therefore strongly advised that you should read all guidance on absences before leaving, and not take any chances. For more information, read the European Commission’s guidance on absences, or contact Your Europe Advice.

Special Cases

There are cases where absence rules under the WA might cause particular confusion and where there is as yet no clear caselaw confirming the position. One special case that can be complicated is where a parent and their young child have different statuses in an EU country. If the parent has permanent residence, while the child has temporary or pre-permanent residence, different absence rules will apply to them both. In this case, the parent could be away for 5 years, while their child can only be absent for 6 months per year, or up to 1 year maximum.

If you are a parent with young children whose residence status differs from your own, and you, for example, want to take up a post in another country for a few years, you must be sure to check the legal position for your child’s status before accepting that job posting.

2025 - a big year for permanent residence upgrades

This year is key for many British citizens who obtained residence before the end of the transition period. WA beneficiaries who originally acquired a temporary or ordinary residence card will upgrade to permanent residence and be able to apply for a WA permanent residence card as evidence of that, for which they will need to provide proof of 5 years’ legal residence in their country. This proof must show that you were not absent from your country of residence for more than the 6 months per year allowed for temporary residents, unless you can provide evidence of an ‘important reason’ for longer absences.

If you are upgrading to permanent residence and plan to apply for a WA permanent residence card as proof, now is the time to make sure you understand the guidance on absences. It is crucial to keep a record of all your absences, and not to take any risks with your status. For more specific questions about the absence rules, it is worth reading through the European Commission’s FAQ page on the WA.

BRITISH IN EUROPE UPDATE ON THE EU'S NEW ENTRY/EXIT SYSTEM

 

What you need to know about the EU's new Entry/Exit System

The European Union's new Entry/Exit system (EES) is scheduled to be introduced in Autumn 2025. What does this mean for UK nationals and their dependents living in the EU, and what problems might it cause?

Note: this blog focuses on the introduction of EES, and does not cover the new European Travel Information and Authorization System (ETIAS) due to be introduced in 2026.

The EU announced plans back in 2017 to introduce a fully electronic border entry and exit system, with the aim to completely automate the system and bypass the need for passport stamping when entering or leaving the Schengen area.

What is the current status of EES?

The introduction of EES has been beset by delays but the system will be phased in as of October 2025. On 18 July, the Council of the EU gave the green light to a progressive start of EES. The official start date has now been announced as 12th October 2025, with rolling start dates country by country ending on 9th April 2026. We don’t yet have starting dates for most of the Member States but they have until 24 September 2025 to inform the Commission of the roll-out start date in their country.

Within EU law, citizens of any EU member state can travel in and out of the Schengen area by producing an EU passport. As it stands, legal residents of Schengen Member States (all EU states except Cyprus and Ireland, plus Norway, Iceland, Lichtenstein and Switzerland) are also exempt from EES registration, regardless of their nationality. This means that British nationals who are legally resident in one of these countries should be exempt from registration under the new electronic system. This applies to those with both temporary and permanent residence status.

However, the distinction lies in the documents they will need to produce on entry and exit. Not only do those resident in an EU country but without an EU citizenship need to produce their passport, but they will also need to show proof of residence, in line with Annex 22 of the Schengen handbook. In practice, this means showing a valid biometric residence card.

Where does the problem lie?

The main issue this creates is for those who have not obtained the biometric residence card. From within the subset of Withdrawal Agreement (WA) beneficiaries in member states that adopted a declaratory system (where British citizens resident prior to the end of the transition period did not have to make an application by a deadline to acquire WA residence status), there will be some British citizens in countries like Spain who have retained their original EU certificate of residence, or ‘green certificate’, having not exchanged it for a biometric card.

There will also be others such as those living in Germany who never had a residence card as an EU citizen because it was not required, and who have also not applied for a biometric residence card to evidence their WA status because, in declaratory countries, this was optional.

Why should I upgrade to the biometric card?

In countries such as Spain, original assurances from authorities suggested that the old green certificates would remain valid in perpetuity, but more recent legal interpretations by both the European Commission and the UK government suggest this only applies for domestic purposes in the issuing country.

This means that, for those WA beneficiaries who have retained their original residence documents, it is imperative to obtain the biometric residence card in order to travel without problems within the Schengen area and when entering and exiting once the EES system is introduced.

British in Europe also believes that there will be decreasing recognition of the green residence certificates by local authorities in Spain and elsewhere, meaning it will be advantageous even at a domestic level to hold the biometric card. We therefore strongly suggest that you exchange your green certificate for a biometric residence card to ensure your residence status is recognised both in your country of residence, and when travelling in and out of the Schengen area.

In other declaratory countries like Germany, WA beneficiaries who have not applied for a biometric card to show their status will now need to do so if they travel outside Germany within the Schengen area in order to be able to show exemption from EES registration. It will also be useful in any case to have a residence card to prove your status as a WA beneficiary in your country of residence.

For those having trouble getting appointments to exchange their residence documents for the biometric card, BiE will continue to raise this issue with individual governments and in the joint UK/EU WA Specialised Committee on citizens’ rights. Email us at info@britishineurope.org if you are experiencing problems obtaining a WA card.

Current questions

At this point in time, it is unclear how WA beneficiaries travelling on their UK passport will prove their exemption from EES registration, besides carrying their residence cards when travelling. We can foresee this causing issues, particularly as electronic gates are unable to read both passports and residence cards.

We have also asked for clarity from the European Commission on whether it will be necessary to produce both passport and proof of residence on exit and entry, or only on exit, as both options could create issues, particularly for those whose passports expire in the interim. We have discussed these and other issues around EES with the European Commission, and have been told that a targeted information campaign in each member state will be undertaken nearer to the date of introduction and that there will be specific information for WA beneficiaries.

On 4 August the Commission published three (attached) guidance notes on EES for Withdrawal Agreement beneficiaries covering the period July to 11 October 2025, 12 October2025 to 9 April 2026 and 10 April 2026 onwards. Other announcements about EES are here, and about ETIAS here. There is also a very useful FAQ page up on the website.

BIE also remains in contact with DG HOME (the European Commission’s department in charge of migration and home affairs) for updates on the information campaign, and we will share any news here as and when we know more. Please check our website and social media pages in September for further information.

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Since 2017 EuroCitizens has been an active member group of the citizens' rights coalition, British in Europe, which continues to do fantastic work for Britons living and working in Britain. 

More information:  https://www.britishineurope.org/page/1016442-home

 

How can you support our work?

BIE receives some funding from the EU, but most of our work is carried out by dedicated volunteers, which means we rely on your donations to keep doing valuable work. If you have found this, or any of our other recent articles on absences and upgrading from ordinary to permanent residence helpful, please think about donating to support our work.

Documents

2025 guidance - Schengen pre-progressive

UPDATE ON TRAVEL BETWEEN BRITAIN AND SPAIN: THE NEW EU AND UK VISA WAIVER SCHEMES

A message from our chair, Nigel Aston, with guidance on the new travel requirements to be imposed by both the EU and the UK.

1. EU (Schengen) Exit and Entry System (EES)

Whilst this was supposed to have been introduced in November 2024, various issues, principally of infrastructure, have delayed implementation.  Although the European Commission are attempting to introduce a phased introduction (that we see as fraught with issues), their proposal seems bogged down in the EU legislative procedure. There are now rumours that introduction is delayed again until the autumn of this year.  There is no imminent guidance other than the general principles published on the following:

 
https://travel-europe.europa.eu/ees_en

It remains unclear exactly what British citizens protected by the Withdrawal Agreement will need to do initially in practical terms, but there is no deviation from previous advice that protectees will be treated as EU citizens.  However, we stress the importance of exchanging the old green residence certificate for the TIE card in order to avoid any misunderstanding at frontiers.  Please bear in mind that EES applies only to the external Schengen frontier.  However, it is essential to carry passports and TIEs when travelling inside the EU in case of spot checks.

2. ETA (Electronic Travel Authorisation)

The UK visa waiver programme becomes operative for EU citizens from the beginning of April 2025! British (and Irish) passport holders using their UK/IRE passports to enter the UK are exempt. 

Holders of dual British and Spanish nationality may wish to bear in mind that Spain does not recognise the dual nationality in their case. Whilst the UK government strongly advises that UK citizens use their UK passports to enter the UK, we understand that this is not a legal obligation. It should, therefore, be possible to travel to the UK on a Spanish passport having made an ETA application.  The choice is that of the individual and EuroCitizens makes no recommendation on the course taken by individuals. Applications for authorisation can be made by EU/EEA nationals from 5 March.

https://www.gov.uk/guidance/apply-for-an-electronic-travel-authorisation-eta

THE GOODBYE EMAIL OF HUGH ELLIOT, HM AMBASSADOR SPAIN, TO EUROCITIZENS

Photo: The Diplomat

Since the autumn of 2016, EuroCitizens has worked closely with the British Embassy in Spain as part of our campaign to defend the rights of UK residents in Spain after Brexit. Hugh Elliot arrived in Madrid five years ago, at a particularly difficult juncture for the Brexit negotiations and for British nationals living here. On his impending departure, we wrote to Hugh to thank him for his work on citizens' rights (see below). He has kindly replied to us (see below), describing our approach to the UK Embassy as a 'mix of frank challenge and constructive engagement'. 

We very much look forward to having such a positive relationship with the incoming HM Ambassador Spain, Sir Alex Ellis. Despite all the progress that has been made, there are still issues that need attention, such as the phasing out of the old green resident cards and the need for all UK residents in Spain to apply for a TIE or foreigners' ID card (more information) .

Reply of HM Ambassador Spain:

«Thank you very much for your kind email.  The Brexit years have been so turbulent and worrying for so many people, it has been a privilege if we have been able to be of some help.  If even those like myself very closely involved with the many twists and turns struggled at times to understand absolutely everything that was going on, I can only imagine how difficult it was for those at more of a distance, concerned about the very real impact on their lives.  

I have been full of admiration for what Eurocitizens has done during this period, and am particularly glad that we have now moved beyond most of the issues. The new government’s clear priority is on resetting its relationship with Europe.

I agree about the productive relationship: I’ve admired the mix of frank challenge and constructive engagement you have always brought.  I’m sure the strong relationship will continue under my successor, Sir Alex Ellis.»

 

Email of EuroCitizens Chair, Nigel Aston:

 

«I am writing on behalf of EuroCitizens to thank you for your efforts on our behalf during the past five years and to wish you all the very best going forward. Your initial year, of course, was complicated by the pandemic, coinciding as it did with the transition period.  

I think it is true to say that many of the worst fears of our members did not come to fruition.  The approach taken by the Spanish authorities to introduce TIEs was sensible and, generally, proportionate and we thank you for the influence that the Embassy had on this.  We all accept that there have been on-going annoyances but, thankfully, satisfactory outcomes were reached on the few serious cases with which we have been confronted.

 

We feel that we have a productive relationship with the Embassy and trust that this will continue with your successor. Of course, there have been difficult times behind the scenes on political issues, including those manufactured in the UK. Your support for our interests was not distracted by these and we are grateful for all your help in assuaging members' concerns as Brexit became a reality. And your personal kindness towards individual members was much appreciated.»

AN IMPORTANT LETTER FOR UK PENSIONERS OVER 80 FROM HM AMBASSADOR IN SPAIN, HUGH ELLLIOT

Dear EuroCitizen Member,

See below a link to a letter sent by the British Ambassador with respect to the ongoing receipt of UK state pensions.

It is particularly critical for those recipients over 80.  If the requested action is not taken then pension entitlement will be lost, if only until corrective action is taken (which will be highly bureaucratic).

Could you please make this known to anyone in your circler who receives such a pension and, particularly the over 80s.  We cannot ignore that this represents a particularly vulnerable segment of pensioners.

A quick word on the 4 July general election. First, we will be analysing the efficacy (or not) of the postal voting arrangements in due course.  Given the likely size of a Labour majority, there is no immediate rush to do so and time to lobby for some serious improvements. Second, we will do some analysis of what a change in government will have on British citizens in the EU.  Again this may take a few weeks as new Ministers are appointed and the new government beds down, with a Parliamentary recess at the end of this month in any case - albeit likely to be shorter than usual.

With many thanks

Nigel Aston

President, EuroCitizens, Vice Chair British in Europe

 

Link to full letter: 

https://mcusercontent.com/e2c828a6e395b7f8f24ed6348/files/78b6ca08-6ea6-e753-62b2-bc2a90cd1d4f/20240621_OU001_Letter_to_Charities_and_CR_Groups_regarding_DWP_039_s_Request_for_Life_Certificates.pdf

 

Main content of the letter:

 

THE AMBASSADOR STRONGLY ADVISES ALL UK RESIDENTS IN SPAIN TO GET THE BIOMETRIC RESIDENCE CARD (TIE) AS SOON AS POSSIBLE

 

A very important message from UK ambassador, Hugh Elliot, about the new EU border control scheme:

 

• In October 2024 (TBC), the European Union (EU) is expected introduce a new scheme that will affect non-EU citizens, including British nationals, entering an EU country for a short stay.    
• The scheme, called EU Entry/Exit System (EES), will register travellers via an automated system in the port or airport when they arrive in Spain. It will replace the current manual stamping of passports at the border.  
• British tourists will be required to provide their name, passport details, biometric data (fingerprints and captured facial images) as well as the date and place of entry and exit upon entering Spain.  
• These details will be held on file for three years, meaning Britons making repeat visits to Spain within a three-year period will not have to go through the same registration process each time. 
• To be exempt from EES registration, British residents in Spain will need to show a valid uniform-format biometric card, which in Spain is the TIE. The British Embassy and the Spanish Government therefore strongly recommend that all British residents in Spain get the TIE before the EES comes into force to avoid disruption at the border.
  

 

Full message:

 

 As you may already be aware, the European Union (EU) is expected to introduce a new border control scheme that will affect all non-EU citizens, including British nationals, who enter an EU country for a short stay. It’s known as the Entry/Exit Scheme (EES) and is due to launch in October - although this date is subject to change and we will inform you when we have more details around the exact timings and processes for its introduction.  The EES will require all British passport holders to register via an automated system before they cross an EU border, replacing the manual stamping of passports. Biometric data will be taken (fingerprints and facial images) and travellers will also need to provide their name, passport details and place of entry and exit in the EU. It is very similar to the ESTA system currently in place in the US.  

  

Impact on Residents 

British residents in Spain will be exempt from registering with EES provided they can produce a valid uniform-format biometric card, which in Spain is the TIE.  

 

Fortunately, most British people living in Spain already have a TIE, having abandoned the formerly issued Green Certificate in recent years. However, as you know, we believe that many people are still using their Green Certificate. This non-biometric document, though a valid residency document in Spain, was issued prior to EU Exit and therefore, does not feature in the Withdrawal Agreement or in Annex 22 of the Schengen Border Guard Handbook document. As a result, we expect that Green Certificate holders may face delays and difficulties at the border once EES comes into force.  

We are therefore asking all British people living in Spain to urgently get the TIE, if they haven’t already done so, and would like your help spreading this message please. 

 

At the same time, we are speaking with the Spanish Government to highlight the urgent need for TIE appointments in the areas of Spain where most British people reside. If you become aware of any issues with appointments or other barriers affecting your members/contacts, please let us know. 

 

Impact on Tourists