The Withdrawal Agreement guarantees these citizens and their family members, on the whole, the same rights they had before the UK left the EU: they can continue to live, study, work and travel freely between the UK and the EU. However, under the Withdrawal Agreement, British nationals and their family members who acquired a right of residence in Luxembourg before 1 January 2021 will retain their right of residence after 1 January 2021 under a special status, that of a beneficiary of the Withdrawal Agreement. Upon arrival in the Netherlands, you will submit an online application for a residence permit for you 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 the application from you and your family members, your family members can make an appointment to put a sticker in their passport by calling the Brexit line. This is proof that your family member has made a request. Once your family members have this sticker in their passport, they can register with the BRP. Depending on the situation of the family member, other documents must be attached to the application. You do not need a long-stay visa to apply for the residence permits or ”movement documents” provided for in the Withdrawal Agreement. You are also not required to present a medical certificate.
Under certain conditions, family members of a British national, beneficiaries of the Withdrawal Agreement, who meet on or after 1. In January 2021, they are beneficiaries of the Withdrawal Agreement and therefore have a right of residence. For a discussion on direct family members, see my article Family reunification rights for EU citizens and UK nationals under the UK`s EU Withdrawal Agreement: Direct family members. They call on the government to avoid loopholes in family reunification provisions, for example by aligning the UK`s immigration rules with the family reunification provisions of Dublin III and negotiating a replacement agreement with the EU. The family member (spouse, partner, children, ascendants of British or third-country nationality) of a British national who entered France before 1 January 2021 may, after 1 January 2021, be able to enter into France after 1 January 2021. January 2021 in France and benefit from the Withdrawal Agreement if it complies with any of the following situations: the decisions taken by each country for its residence system and the deadlines within which BRITISH nationals and their family members residing in countries with constituent systems must apply for a new residence status can be found in the following file with the main national sites. The residence permits ”Agreement on the withdrawal of the United Kingdom from the European Union”, ”Permanent residence – Agreement on the withdrawal of the United Kingdom from the European Union” and the ”Circulating document” ”Agreement on the withdrawal of the United Kingdom from the European Union – Non-residents” confer the right to exercise any professional activity. Refugee activists such as the British Red Cross fear that the end of the UK`s participation in the Dublin III Regulation will affect the prospects for family reunification for many people in Europe with family members in the UK if the regulation is not replaced by similar arrangements. You can apply for this visa for free at the Dutch embassy or consulate in the country where you live. There you can ask any questions you may have.
When applying for the visa, declare that you wish to live with a british family member in the Netherlands. You will also need to provide documents attesting that you are a family member (birth or marriage certificate). In addition, for the purposes of the Withdrawal Agreement, the term `family members` also includes: The following persons are considered family members: Are you a British national living in the Netherlands and would you like your family members living abroad to join you in the Netherlands for family reunification after 31 January 2020? Family reunification is possible under the Withdrawal Agreement if you yourself came to live in the Netherlands before 1 January 2021. Your family members will travel to the Netherlands during or after the transition period, in accordance with the applicable regulations. They may need to apply for a moderation visa first. You can apply for a residence permit for your family members after they enter the Netherlands. British nationals and their family members who registered before 1. ”The government has committed, under Section 17 of the 2018 Eu Withdrawal Act, to negotiate a reciprocal agreement with the EU to allow unaccompanied asylum-seeking children in the EU to join parents – parents, siblings, aunts, uncles and grandparents – who are legally resident in the UK or await a decision on their asylum application, when it is in the best interests of the child and vice versa.
This obligation applies regardless of whether we leave the EU with or without an agreement. First of all, your family members travel to the Netherlands. Then, they go in person to register in the Basic Registry Persons (BRP) database at your town hall. Anyone staying in the Netherlands for more than 4 months must register. Your family members will then apply for a residence permit as soon as possible. In August 2020, the IND sent a letter to all registered UK nationals and their family members living in the Netherlands asking them to submit an application. Family members who now come to the Netherlands will no longer receive an invitation. The letter confirmed that it had written to the European Commission on 22 October to inform it of its intention to negotiate such an agreement ”as soon as possible”. He added: • People already resident: they registered before the end of the Brexit transition period (31. December 2020) have resided and continue to reside in the host Member State in accordance with Union law (note: (i) there is no minimum period for the exercise of the host Member State; (ii) the right of residence must be exercised in accordance with Union law, so that any abuse of rights (interpreted restrictively by the Court of Justice of the European Union (CJEU)) is not taken into account; (iii) the right of residence must be exercised before the end of the Brexit transition period (31 December 2020); and (iv) they must then continue to reside in the host Member State.
In this respect, the stay is not the same as the presence on a given day and the continuity of the stay is regulated regardless of the days of absence allowed (Article 11). • Persons joining after the end of the Brexit transition period: they were directly related to an EU citizen or a British national (even in the personal sphere, see above) and had resided outside the host country before the end of the Brexit transition period (31 December 2020), provided that they met the requirements for family membership (e.g. . . . .