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Visa and BREXIT

End of free movement law in the UK and for UK nationals and their family members

  • As of 1 January 2021 at 00h00 Central European Time → UK nationals are treated as third country nationals
  • UK nationals are no longer “persons enjoying the rights of free movement under Union law”
  • EU free movement law no longer applies to and in the UK, including for EU citizens and their family members residing in the UK

Principles

  • Residence cards issued by the UK under Directive 2004/38/EC to family members of EU citizens residing in the UK will no longer have visa exempting effect
  • Residence cards issued by the UK under the EU Settlement Scheme to family members of EU citizens residing in the UK do not have visa exempting effect
  • Amendment of the Visa Regulation to exempt UK nationals from the visa requirement for short stays enters into force on 1 January 2021

Third Country National (TCN) family members of UK nationals residing in the UK

  • Directive 2004/38/EC will no longer apply to TCN family members of UK nationals residing in the UK.
  • TCN family members of UK nationals will have to fulfil all the rules of the Visa Code applicable to third‑country nationals.
  • The maximum length of authorised stay will be limited to 90 days within 180 days (‘short stay visa’).
  • TCN family member not already holding a visa and intending to travel as of 1 January 2021 must apply for a short stay visa under the general rules applicable to third-country nationals in accordance with the Visa Code.
  • Possibility to use visas already issued by EU MS but TCN family member need to fulfil, in addition, the entry conditions applicable to third-country nationals.

TCN family members of EU citizens residing in the UK

  • UK issued residence cards will no longer exempt from the visa requirement.
  • TCN family members will have to apply for an entry visa at the consulate of the EU MS of their main destination.
  • For travels to an EU MS of which the EU citizen is NOT a national, the TCN family members will continue to benefit from Directive 2004/38/EC and its visa facilitations.
  • For travels to the EU MS of which the citizen is a national, the general entry and visa conditions as laid down in the Schengen Borders Code and in the Visa Code applicable to third‑country nationals will apply for TCN family members.
  • Residence cards issued by the UK under the EUSS do not exempt from the visa requirement.