EU Settlement Scheme Flashcards
As of [ ] the UK is no longer part of the
EU
1 February 2020
Transition period ends on
31 December 2020
EU citizens and their family members who arrive in the UK before 31 December 2020…
can apply for residence status under the EUSS
Non-EEA citizens applications fall into three broad categories:
1) family member applications
2) retained rights applications
3) derivative rights applications
Retained-rights-of-residence applications cover:
family members of an EU citizen resident in the UK
before they died;
▶ children in education of EU citizens (or children of
the spouse or civil partner) who have left the UK or
who have died;
▶ a parent with custody of a child in the situation
described above;
▶ marriages to or civil partnerships with EU citizens
that have ended with a divorce, annulment or
dissolution;
▶ family members of former spouses or former civil
partners;
▶ family members who are victims of domestic
violence or abuse
Derivative-rights-of-residence applications cover:
primary carers of financially independent EU
children;
▶ children in education of an EU citizen who used to
work in the UK ;
▶ primary carers of children in the situation
described above;
▶ any dependent children of the primary carer
application for a relevant document must be
made before
31 December 2020 [or 1 July 2021 for Family Permit]
part (e) of the definition of a “family member who has retained the right of residence”
1) Family relationship with relevant EEA citizen broke down permanently due to DV
2) applicant was resident in UK at the time
Introduced in May 2020 by SOC CP 232.
TFEU Art 20
Article 20
(ex Article 17 TEC)
- Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship.
- Citizens of the Union shall enjoy the rights and be subject to the duties provided for in the Treaties. They shall have, inter alia:
(a) the right to move and reside freely within the territory of the Member States;
(b) the right to vote and to stand as candidates in elections to the European Parliament and in municipal elections in their Member State of residence, under the same conditions as nationals of that State;
(c) the right to enjoy, in the territory of a third country in which the Member State of which they are nationals is not represented, the protection of the diplomatic and consular authorities of any Member State on the same conditions as the nationals of that State;
(d) the right to petition the European Parliament, to apply to the European Ombudsman, and to address the institutions and advisory bodies of the Union in any of the Treaty languages and to obtain a reply in the same language.
These rights shall be exercised in accordance with the conditions and limits defined by the Treaties and by the measures adopted thereunder.
TFEU Art 21
Article 21
(ex Article 18 TEC)
- Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect.
- If action by the Union should prove necessary to attain this objective and the Treaties have not provided the necessary powers, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may adopt provisions with a view to facilitating the exercise of the rights referred to in paragraph 1.
- For the same purposes as those referred to in paragraph 1 and if the Treaties have not provided the necessary powers, the Council, acting in accordance with a special legislative procedure, may adopt measures concerning social security or social protection. The Council shall act unanimously after consulting the European Parliament.
TFEU A45
Article 45
(ex Article 39 TEC)
- Freedom of movement for workers shall be secured within the Union.
- Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.
- It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health:
(a) to accept offers of employment actually made;
(b) to move freely within the territory of Member States for this purpose;
(c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action;
(d) to remain in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in regulations to be drawn up by the Commission. - The provisions of this Article shall not apply to employment in the public service.
TFEU A49
RIGHT OF ESTABLISHMENT
Article 49
(ex Article 43 TEC)
Within the framework of the provisions set out below, restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited. Such prohibition shall also apply to restrictions on the setting-up of agencies, branches or subsidiaries by nationals of any Member State established in the territory of any Member State.
Freedom of establishment shall include the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, in particular companies or firms within the meaning of the second paragraph of Article 54, under the conditions laid down for its own nationals by the law of the country where such establishment is effected, subject to the provisions of the Chapter relating to capital.
CD 2004/38 A2 point 2
“Family member” means:
(a)
the spouse;
(b)
the partner with whom the Union citizen has contracted a registered partnership, on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State;
(c)
the direct descendants who are under the age of 21 or are dependants and those of the spouse or partner as defined in point (b);
(d)
the dependent direct relatives in the ascending line and those of the spouse or partner as defined in point (b);
CD 2004/38 Art 3(2)
- Without prejudice to any right to free movement and residence the persons concerned may have in their own right, the host Member State shall, in accordance with its national legislation, facilitate entry and residence for the following persons:
(a)
any other family members, irrespective of their nationality, not falling under the definition in point 2 of Article 2 who, in the country from which they have come, are dependants or members of the household of the Union citizen having the primary right of residence, or where serious health grounds strictly require the personal care of the family member by the Union citizen;
(b)
the partner with whom the Union citizen has a durable relationship, duly attested.
The host Member State shall undertake an extensive examination of the personal circumstances and shall justify any denial of entry or residence to these people.
