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frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 821
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I am a UK passport holder residing in the UK. I have 2 UK

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I am a UK passport holder residing in the UK. I have 2 UK passport holder children residing in the UK and 3 South African passport holder children residing in South Africa, all under 18.Pursuant to the Brexit agreement today it would appear that the UK authorities would now be obliged to allow my 3 South African passport holder children to join me without restriction . See text belowPlease advise2. Irrespective of their nationality, the following categories of family members who were
not residing in the host State on the specified date will be entitled to join a Union
citizen or UK national right holder after the specified date for the life time of the right
holder, on the same conditions as under current Union law:
a. all family members as referred to in Article 2 of Directive 2004/38/EC,
provided they were related to the right holder on the specified date and they
continue to be so related at the point they wish to join the right holder; and
b. children born, or legally adopted, after the specified date, whether inside or
outside the host State, where:
i. the child is born to, or legally adopted by, parents who are both
protected by the Withdrawal Agreement or where one parent is
protected by the Withdrawal Agreement and the other is a national of
the host State; or
ii. the child is born to, or legally adopted by, a parent who is protected by
the Withdrawal Agreement and who has sole or joint custody of the
child under the applicable family law of an EU27 Member State or the
UK and without prejudging the normal operation of that law, in
particular as regards ***** ***** interests of the child;

Unless you are a Union citizen or UK national right holder, your children with SA passport wouldn't be eligible. A UK national right holder is a UK citizen exercising treaty rights in the UK.

Customer: replied 4 months ago.
I am a UK passport holder. See above
Customer: replied 4 months ago.
I am a UK passport holder and obviously a citizen. See above

Being a UK Passport Holder is not the same as being a UK National Right holder

You can be a UK Passport Holder but not a UK National Right holder

You can only be a UK National Right holder if you have for example worked in another EEA country exercising Treaty Rights and then returned to the UK in which case you become a UK National Treaty Right holder

Customer: replied 4 months ago.
Ok but it says union citizen OR UK national right holder. Is a UK citizen not a Union citizen?

A UK citizen is a Union citizen only when the UK citizen exercises his/her rights in another EEA country

Customer: replied 4 months ago.
Ok so if so settled in another EU country before brexit deadline my SA kids could get residency rights in that country?

Yes that is correct and if you then decide to return to the UK, the rights exercised in the EU country you settled in can go with you and your kids to the UK. When this happens you would be regarded as a UK national with treaty rights.

Please can you rate? I don't get paid for helping you if you forget to rate

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Customer: replied 4 months ago.
Hi. Can we do a call. I would like to follow up on some more detailed points
Customer: replied 4 months ago.
Hi. Can we do a call. I would like to follow up on some more detailed points next week some time

Ok. Look forward to speaking to you.