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Withdrawal Agreement Family Reunification

After 31 December 2020, the situation may change depending on what the UK and the EU agree and whether you are covered by the withdrawal agreement. The only exception is for children born after withdrawal from the United Kingdom for whom a parent who is not covered by the withdrawal agreement has sole custody under applicable family law. Once you arrive in the Netherlands, you will apply online for a residence document for yourself and your family members. In this case, you don`t have to wait for an invitation letter from the IND. Once the IND has received a request from you and your family members, your family members can make an appointment to have a sticker on their passport by calling the Brexit line. This is proof that your family member has applied. Once your family members have this tag on your passport, you can register for the BRP. Only some EU citizens and British citizens fall within the scope of the EU withdrawal agreement from the UK, see my contribution The Personal Scope of the UK`s EU Withdrawal Agreement: The Principalaries of Citizens` Rights. Those who do put certain family members in the scope. These family members are divided into two classes: (i) those who have rights are automatically created by the application of the law (direct family members, for example. B parents, children) and (ii) other family members who have the right to apply for and obtain a decision on their right of entry and residence (indirect family members; z.B. aunts, nephews, unmarried partners, etc.).

This contribution applies only to indirect family members. Second, and most importantly, public authorities can only examine the nature of marriage on a case-by-case basis and systematic checks are prohibited. Currently, spouses of EU citizens are only required to submit a marriage certificate to prove a family relationship. On the other hand, UK immigration legislation requires all applicants to provide full evidence that their relationship is "authentic and dependent," such as. B common leases or mortgages, electricity bills, photos, correspondences and bank statements. The burden of proof in these cases remains due to the applicant and the refusal of the Ministry of the Interior to accept family members is not related to the object. For more information on facilitation visas, visit the website of the Ministry of Foreign Affairs, the Netherlands and yourself. Travel information to join a family member from the EU, EEA or Switzerland also applies to British nationals in the Netherlands who are covered by the withdrawal agreement. Those who are protected by the withdrawal agreement and who have not yet acquired a right of permanent residence – if they have not lived in the host state for at least five years – are fully protected by the withdrawal agreement and can continue to reside in the host state and acquire permanent residence rights in the host state even after the UK`s withdrawal from the EU.

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. "Custody rights" are custody rights within the meaning of Article 2, paragraph 9, of the Council Regulation (EC) No. 2201/2003 (i.e. Regulation II bis de Bruxelles), including judgments, legislation or final agreement. The definition and application of "family members" within the personal scope of the withdrawal agreement (Articles 9 and 10) in citizens` rights is not easy to follow.