Since 1st January 2021, EU/EEAEEA The European Economic Area (EEA) consists of the 27 EU Member States as well as Iceland, Liechtenstein and Norway. The United Kingdom is not part of the EEA. Citizens no longer have an automatic right to reside in the UK (the exception being Irish Citizens who are covered under the CTA). They are classed as Third Country Nationals (3CNs3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states.).
If the British Citizen is a Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020. If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria. Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations. https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration beneficiary there is a deadline of 29th March 2022 for their EU/EEA family membersEU/EEA family member Family members of British citizens with a citizenship of an EU member state or EEA signatory state. to apply under the EU Settlement SchemeEUSS The EU Settlement Scheme is the scheme under which citizens of EU Member States as well as citizens of Iceland, Liechtenstein, Norway and Switzerland are able to apply to continue living in the UK following the UK's leaving the European Union. (Surinder Singh Route).
If accepted the EU/EEA family will be given pre-settled status (similar to the rights of a British Citizen with a 5-year Article 50 card in Austria)
If, however the British Citizen is not a Withdrawal Agreement beneficiary, or the application is made after the 29th March 2022 deadline, then the EU/EEA family members will have to apply under the standard UK visa system with associated costs and difficulty, including minimum income levels.
Please note that the Surinder Singh route is not an easy route and there have been reports on the BiE Facebook group of people experiencing difficulty with this process.
Help and assistance regarding the Surinder Singh applications can be obtained via this Facebook Group: Surinder Singh Route- EU Free Movement – Advice Centre & Support Group
Useful Links:
gov.uk – Apply for an EU Settlement Scheme family permit to join family in the UK
gov.uk – UK Family Visa
london.gov.uk – Pre-Settled Status
immigrationbarrister.co.uk – Richmond Chambers – Surinder Singh and the EU Settlement Scheme
immigrationbarrister.co.uk – Settled Status, Permanent Residence and Indefinite Leave to Remain
whsolicitors.co.uk – Surinder Singh
Disclaimer: the links above are provided for information services and do not constitute a recommendation of a specific law firm.