2

I live in the US with a non-EU spouse and child (Both Canadian & American.) I plan on registering as a British citizen (to which I am entitled to by descent via a British Born mother before 1983) this year.

Can a British Citizen (by Descent) who's never lived in Britain, take his Non-EU spouse and child to live elsewhere in the EU under the freedom of movement regulation? We want to live elsewhere in Europe, maybe Ireland, Germany, France, Greece or Italy.

Is it possible for us all to fly to one of these places with my newly minted Passport, I get a job locally, and apply for them and myself to obtain residency in the area? If so are there certain countries that have easier regulation for that process? Also, how long approximately before Brexit may effect our ability to accomplish this?

1

Can a British Citizen (by Descent) who's never lived in Britain, take his Non-EU spouse and child to live elsewhere in the EU under the freedom of movement regulation?

Yes. But do it quickly, Brexit looms. What will happen after that is uncertain.

Is it possible for us all to fly to one of these places with my newly minted Passport, I get a job locally, and apply for them and myself to obtain residency in the area?

Yes. In fact, you don't necessarily need the job before applying for their residence cards, but having a job will probably make it easier. You don't generally need a residence card for yourself.

If so are there certain countries that have easier regulation for that process?

Possibly, but the process it pretty easy in general because it is specified by European law.

Also, how long approximately before Brexit may effect our ability to accomplish this?

It could affect your ability to accomplish this as soon as March 30, 2019, but it's also possible that the UK well remain in the freedom-of-movement regime after that date, possibly even indefinitely, although that seems unlikely.

  • This should definitely be possible before March 30, 2019. The current plan is that it will continue to be possible up until December 31, 2020. However there is a non-negligible risk that the UK will crash out of the EU on March 30, 2019; in that case, I hope that UK citizens who are already resident in the EU will be allowed to stay, but no more will be allowed in. – Martin Bonner May 11 '18 at 12:45
  • There is a very small risk that if the UK crashes out with no agreement, then UK citizens already resident in the EU will be slung out. I suspect this will only happen as retaliation if the UK is stupid enough to throw out EU citizens. – Martin Bonner May 11 '18 at 12:48
  • On the positive side, it is possible that by the end of 2020 the xenophobic elements in the UK have been thoroughly discredited, and there is no political will to enforce the lack of legal free movement. – gnasher729 May 13 '18 at 17:42
  • @gnasher729 I wouldn't count on it. I suppose the probability of that happening is lower than the probability of the EU remaining in the free movement regime along the lines of Norway or Switzerland. – phoog May 14 '18 at 13:58

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.