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REUNIFICATION WITH A NON-EUROPEAN FAMILY MEMBER AFTER BREXIT

Brexit is here! After 3,5 years the referendum of June 2016, the UK has stopped being a member of the European Union (EU) at 11:00pm GMT on 31 January 2020.

However, the freedom of movement for individuals provided by the European treaties is guaranteed until 31 December 2020. By virtue of which, it will still be possible for all European citizens to settle and work in the United Kingdom without special permits.

Nonetheless, within this transition period, problems could occur at the border (airport) especially if a non-EU family member wishes to join EU citizens in the UK.

In this case, in fact, it will be necessary to submit a ‘Family Permit’ application, in order to obtain one of the following visas which facilitate entry into the United Kingdom:

1. EU Settlement Scheme Family Permit

Who can apply:

  • closest family member (the spouse and children or grandchildren) up to 21 years of age;
  • parents, children or grandchildren over the age of 21 but only if they are dependent on the European citizen.

In addition:

  • the European citizen residing in the UK, the sponsor, must hold the settled or pre-settled status.

If the European citizen has not obtained any settled or pre-settled status or if family members do not fall into the categories listed above, an EEA Family Permit can be applied for.

2. EEA Family Permit

It can be submitted by:

  • spouses, unmarried partners, children or grandchildren up to 21 years of age who will be asked to prove their relationship with the sponsor;
  • other family members, such as unmarried partners, brothers, sisters, uncles, grandchildren, cousins, who will have to demonstrate their economic dependence or cohabitation with the European citizen, or even that they are receiving treatment from the sponsor due to health problems.

In this case:

  • the sponsor must have obtained the Permanent Residence document.

If the sponsor does not hold the Permanent Residence it will be necessary show that they belong to one of the following categories:

  • working;
  • self-employed;
  • studying;
  • financially independent.

The Italian Lawyer is able to offer assistance even in specific cases such as unmarried partners or relatives (non-EU) even if they just hold a residence permit, which has been issued according to the sponsor‘s national legislation of origin (i.e. Italy). In such cases, our professionals would assist with the submission of an application to reunite with the family member residing in the United Kingdom.

In the absence of the requirements listed above, it will instead be necessary to opt for the Entry Clearance / Visa under internal national legislation (Immigration Rules) which appears to be much more stringent than the above mentioned European legislation.

If you wish to receive more information on the procedures, please feel free to contact our experts e-mailing to info@theitalianlawyer.com