Nevertheless, the generous approach adopted by the EU over the past decade has become an important point of friction between the EU and the British authorities. The UK has a long history of `reverse discrimination`, which has subjected its own nationals to more restrictive family reunification provisions than mobile EU citizens. In order to reduce the number of family migrants who could not be chosen in the same way as foreign labour, the British government has significantly strengthened the rules of entry and residence for family members of British nationals and residents. Since the introduction of free movement, any EU citizen who moves to another Member State still has the right to live there with family members, regardless of nationality. EU policymakers reasonably felt that EU citizens would not be willing to leave their countries of origin if their neighbouring countries could not join, which would hinder intra-European mobility. The right of every EU citizen and his or her family to live, work or study in an EU member state is one of the foundations of the European Union. Many EU and UK citizens have made their life decisions on the basis of rights related to the free movement of people under EU law. The withdrawal agreement protects all EU citizens who, at the end of the transition period, found themselves in a situation involving both the United Kingdom and a Member State. Family members and survivors are also protected. Section 17 of the 2018 Act obliges the government to negotiate an agreement with the EU.
Such an agreement would facilitate the family reunification of unaccompanied children who have applied for asylum in the EU and who have a parent in the UK (or vice versa). In this case, you are covered by the withdrawal contract. This means that your family members can come to the Netherlands under the terms of the withdrawal agreement. The question of when a family member is “dependent” and outside the scope of that organization. But dependence must not be assumed: it is a question of applying the jurisprudence on this point to individual facts. You will find a debate on direct members of my family in my contribution Family Assembly Rights for EU citizens and British citizens under the UK`s EU Withdrawal Agreement: Direct Family Members. Refugee activists such as the British Red Cross fear that the abolition of the UK`s participation in the Dublin III Regulation will damage the prospects for family reunification for many people in Europe with family members in the UK if this regulation is not replaced by similar provisions. The letter confirmed that it had written to the European Commission on 22 October outlining the government`s intention to negotiate such an agreement “as soon as possible”. She added that this category of persons concerned persons who had obtained entry or stay. However, note the following points that will have been relevant to such an award. First of all, there is no limit to who can be a family member, so that aunts, uncles, cousins, nephews, nieces, etc., can all fall within the scope. Secondly, in the country from which they originate, there must be a prior dependence (which constitutes an “dependence” in EU law) on the main EU citizen (in the UK) or the British national (in an EU Member State) or on the budgetary affiliation of the main EU citizen (in the UK) or the British citizen; there must have been serious health reasons which mean that the family member strictly required the personal assistance of the eu`s principal citizen or the British citizen (as the case may be) for personal assistance (a demanding test).
Thirdly, the stay in the host state must have been granted before the end of the transitional period of Brexit (31 December 2020) in order to preserve the right of residence. Fourth, there must be another mode of stay. But is there a way to avoid an impending breakup? Fortunately, the answer is yes. As an EU citizen who, through her right to the free movement of people,