Rights of family members of UK citizens who hold an UK EES Residence Cards

Dear Taskforce on Article 50 negotiations with the United Kingdom,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

Hello,

Following the UK exit from the EU please can you confirm the rights and status of family members (who are not UK or EU citizens) of British Citizens who hold UK EEA Residence Cards, when the British Citizen has previously exercised their right to free movement in another EU country before returning to the UK with the family member.

Yours faithfully,

Daisy

Task Force für die Vorbereitung und Durchführung der Verhandlungen mit dem Vereinigten Königreich gemäß Artikel 50 EUV

1 Attachment

Dear Ms Adams,
 
With refer to your e-mail of 3 February 2018 in which you requested
information regarding rights of family members of UK nationals who have
returned to the UK after having exercised their right to move and reside
freely in another EU Member State.
 
Safeguarding the status and rights derived from EU law at the date of
withdrawal of EU citizens and UK nationals is an essential objective of
the ongoing negotiations with the United Kingdom.
 
On 8 December 2017, the EU and UK negotiators reached an important
milestone, endorsed by Commission President Juncker and Prime Minister
Theresa May. The Joint Report from the EU and UK negotiators  contains
firm commitments to safeguard the rights of EU citizens in the UK and UK
nationals in the EU, to settle all existing financial obligations
undertaken during the period of the UK's membership, and to address the
unique circumstances in Ireland/Northern Ireland.
The Joint Report provides a precise and comprehensive understanding of the
genuine guarantees the citizens will enjoy under the Agreement. It removes
much of the legal uncertainty which is caused by the United Kingdom's
intention to withdraw from the Union.
You can find the Joint Report here:
[1]http://europa.eu/rapid/press-release_IP-...
 
The basic delineation of personal scope of the citizens’ rights part of
the Withdrawal Agreement is found in paragraph 10 of the Joint Report – EU
citizens who in accordance with Union law legally reside in the UK, and UK
nationals who in accordance with Union law legally reside in an EU27
Member State by the specified date, as well as their family members as
defined by Directive 2004/38/EC (the Free Movement Directive, available at
[2]http://eur-lex.europa.eu/LexUriServ/LexU...)
who are legally resident in the host State by the specified date, will
fall within the scope of the Withdrawal Agreement.
 
Obtaining status under the Withdrawal Agreement will be made in accordance
with the objective criteria established in the Withdrawal Agreement that
will essentially mirror criteria Articles 6, 7, 12, 13 and 16 to 18 of the
Free Movement Directive or primary law (Articles 21, 45 or 49 TFEU) attach
to obtaining (and retaining) the right of residence under EU law.
 
The Joint Report covers only EU citizens and their family members, who
lawfully resided in the UK at the time of withdrawal, and UK nationals and
their family members, who did so in an EU27 Member State.
Given the scope of our negotiating mandate, as outlined by the Council,
the Joint Report covers neither UK nationals residing in the UK at the
time of withdrawal pursuant to case law of the Court of Justice on
returning nationals (case C-370/90 Surinder Singh) nor UK nationals
returning after the withdrawal to the UK from an EU Member State.
 
In any event, we expect that UK citizens and their family members already
residing in the UK in accordance with these rules will be able to stay in
the UK under the domestic laws that are currently underlying their right
of residence. These domestic laws are not affected by the UK's withdrawal.
 
You can find more details about the Joint Report and its impact of
citizens' rights in our dedicated Questions and Answers document available
here:
[3]https://ec.europa.eu/commission/sites/be...
and our website at
[4]https://ec.europa.eu/commission/brexit-n...
 
Yours sincerely,
 
 
 
 
European Commission
Task Force for the Preparation and Conduct of the Negotiations
with the United Kingdom under Article 50 TEU (GDR)
 
 
 

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