Withdrawal Agreement Family Members

The Irish Government makes arrangements for persons from a third country (excluding the EEA) who are family members or support creditors of a British national with a valid Irish residence permit from 31 December 2020. British citizens and their family members who work in France before 31 December 2020 do not need a work permit. Only those who move to France and start work from 1 January 2021 will have to apply for a work permit, with the exception of family members of British citizens living in France before 31 December 2020. 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. Moreover, it does not affect the discrete provision in Title III of the part of the withdrawal agreement relating to the rights of citizens for family members with regard to the coordination of social security, pensions and health care. 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. 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. Application for temporary residence permit for your family member – Persons, who are already domiciled: they have stayed in the host Member State before the end of the transitional period for Brexit (31 December 2020) and reside there (NB: (i) no minimum period is set for its exercise; (ii) the right of residence must be exercised in accordance with EU law , so that any abuse of law (which is interpreted restrictively by the European Court of Justice) does not count; (iii) the right of residence must be exercised before the end of the transitional period of Brexit (31 December 2020); and (iv) they must then remain in the host state.