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Scots Returning from the EU Face UK Immigration Rules for Family Members

Scots living in the EU who do not meet the financial threshold,  may not be able to return to Scotland with their families according to Scottish Government Minister Ben Macpherson.

Ben Macpherson , Minister for  Europe, Migration and International Development, is concerned over proposals published by the UK Government over post Brexit arrangements.

He said:

Ben MacPherson“Under UK Government proposals, due to come into effect in 2022, someone with a non-UK national spouse and children will no longer be allowed to return to Scotland with his or her family unless strict financial thresholds are met. This is unfair.

“I do not accept that someone’s ability to return to Scotland should be judged through arbitrary financial requirements, that do not take into account individual and often compassionate circumstances. The UK Government must seriously reconsider their proposals.

“Scots who want to return to Scotland from elsewhere in the EU should be able to bring their families with them, no matter how much they earn.”

The proposals were published in early April .

UK Nationals in the EU

You can find the policy paper here: Citizens’ Rights – UK nationals in the EU

The policy paper covers proposed reciprocal arrangements over such things as social security, pensions, access to studying and health care.

Family reunification:

These arrangements will apply in both a deal and no deal scenario

UK nationals, their children and other existing close family members can return to the UK under current rules, until 29 March 2022. This means that existing close family members, such as children, spouses, partners, parents and grandparents, where the relationship existed on exit day (or where a child was born overseas after this date) and continues to exist when they seek to return will be able to apply to and qualify for the EU Settlement Scheme.

After 29 March 2022, such family members will be able to return to the UK by applying through the applicable UK Immigration Rules

Until 31 December 2020, UK nationals currently living in the EU who return to the UK after exit will be able to be joined in the UK by future spouses and partners (where the relationship was established after exit) and other dependent relatives, if they previously lived in the EU with that family member.

From 2021, the UK Immigration Rules will apply to such family reunion.

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2 replies »

  1. I think it is a complete disgrace that you allow EU nationals to move to Scotland with their families but a person born in Scotland cannot come home with their family unless a Spousal settlement visa is obtained at an exhorbitant amount.

    Half of the EU nationals cannot even speak English. This should seriously be looked at. Grossly unfair.

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