What is the impact of Brexit if I want members of my family to accompany me? Can they join me once I am there?
Until 31 December 2020 (unless transition period is extended)
The current situation is maintained. According to EU law, you may be accompanied or joined by members of your immediate family in the United Kingdom, for a short or a long stay, regardless of whether they are EU citizens or third-country citizens. The members of your family in question are the following:
- your spouse (including same sex marriages);
- your legal cohabitant;
- your direct-line descendants under the age of 21 or dependent (or those of your spouse or legal cohabitant);
- your direct-line ascendants who are dependent on you (or those of your spouse or legal cohabitant);
- at the discretion of the British authorities: your de facto cohabitant, in the event of a lasting and duly attested relationship;
- at the discretion of the British authorities: any other family member who is dependent on you, or who is part of your household, or for whom, for serious health reasons, you must imperatively and personally take care of yourself;
- individuals whose presence is necessary so as not to deprive you of your right of residence.
From 1 January 2021 (unless transition period is extended)
If you settled in the United Kingdom before the end of the transition period (31/12/2020): your family members may continue to stay with you and join you in the United Kingdom. This only includes people who were already part of your immediate family before the end of the transition period. Therefore, this means members of your family who were already legally living with you prior to this date and continue to do so, those who were living abroad but wish to join you, providing that they fulfil the conditions set out under EU law at the end of the transition period (existing marriage or legal cohabitation, etc.), and even children born or adopted after the end of the transition period (under certain conditions).
If you wish to settle in the United Kingdom after the end of the transition period (01/01/2021): you and your family members will be subject to the scheme set out in the future agreements between the EU and the United Kingdom regarding future relations. European institutions and the Belgian authorities wish to maintain close links with the British authorities in the future.