This is a English law question: With use of UK-EU withdrawal agreement (especiallyWithdrawal Agreement explainer for part 2: citizens' rights) and reference for CRD or necessary EU caselaw may be helpful to write (Also Timing in this question is also crucial- before/after transition period- remember to mention)-A similar example question was attached

1. Tom, a British national, and his wife Amy, a Canadian national, moved together with their daughter Rose, who has British nationality, to another EU Member State in Southern Europe in 2019, where Tom took up a job as sales manager for a local firm. In 2022, the relationship broke down; the couple separated and Tom moved back to the UK in April 2022 with the couple agreeing that Amy would be Rose's primary carer. Rose started going to school in September 2022. Amy is unsure as to which residence rights, if any, Rose an nd herself have under either EU Law or the U EU Law or the UK-EU Withdrawal Agreement in the EU Member State in which they currently live. Advise her. 2. Would any of the following make any difference to your answers to Q1: Whether Tom moves back to the UK two years earlier (i.e. in April 2020); Whether Rose has Canadia e has Canadian rather than British nationality? Tom-UK national (worker-Parent) Amy-Canadian national (wife-parent) Rose-UK national (daughter) Relevant facts? -Check when they moved to the hose MS he Transition period (31 Dec 2020) First step Do the individuals fall within the personal scope of WA? Relevant provision= art 10 WA Tom-> 10 (1) (b) WA as UK national Amy+Rose-> 10 (1) WA as a family members of UK national Rose-> also 10 (1) (b) WA as UK national Residence rights after the transition period (Art 13 WA) Tom-> 13 (1) as UK national Amy-> 13 (3) a non- EUon-UK (Canadian) family members Rose-> 13(2) as UK family member+ 13(1) as UK national 1) Residence rights of Amy and Rose as family members om is no longer a resident. -Relevant provision? Continuity of residence issue. Art 11 WA-> 15 (2) WA -> 16 (3) CRD Tom Rose Art 13 (2) WA-> Art 12 (1) CRD = protection as a family member of Tom that left the host MS. Right is conditional on whether she meets conditions under art 7 (1) (a) (b) (c)of the CRD (the issue is whether she has sufficient resources) -social assistance? Amy Art 13(3) WA+ Art 12 (2) CRD-> she is not protected as a family memb r because there is only reference to death (not also depature) 2) Does Amy& Rose have a residence right on another basis? Self-standing right of Rose as a UK national and derived right of Amy as a carer. Rose-> UK national-> Art 13 (1) WA-> she has a residence right but she depends on Amy and cannot live on her own. Amy as a "cater" of Rose. -A derived right of residence is recognised under art 13 (3) WA to allow Rose to exercise her own right. -Carer are not mentioned in the definition of family members in the CRD (art 2 (2)) BUT: -See ECJ case law (Baunbast, Zhu and Chen) VA, we have art 9 (a) (ii) WA that refers to them explicithy Social assitance depends on 'sufficient resources' (art 13 (3) WA cross-refers to art 7(2) 7 (1) (a) (b) (c) 3) Other legal basis for right to residence after Rose setting ment of Rose a child of a migrant worker in education in the host state and derived right of Amy as carer. -Art 24 (1) (h) WA+ Art 1- Reg 492/2011 The fact that Tom (migrant worker) left the host MS does not affect her (art 13 (2) WA=> 12 (3) CRD) Amy as the carer of Rose -Art 24 (2) WA -The fact that Tom (migrant worker) left the host MS does not affect her (art 13(3) WA-> 12 (3) CRD) Would answers change..? If Tom moves back to the UK two years earlier (i.e. in April 2020) This is before the end of the transition period => Tom does not fall under the personal scope of WA => Rose+Amy cannot establish residence rights as family members of Tom under the WA But: A) We can rely on rose's self-standing right as UK national and derived right of Amt as carer B) We can rely directly on EU law that applies before the end of transition period. If Rose has Canadian nationality, not British? Rose does not have a self-standing residence right and art 13 (1) WA does not apply Without prejudice to the second subparagraph, divorce, annulment of the Union citizen's marriage or termination of his/her registered partnership, as referred to in point 2(b) of Article 2 shall not affect the right of residence of his/her family members who are nationals of a Member State. Freedom of movement of workers. Definition of worker under EU law: Art 45 TFEU (employee) Art 49 (self-employed, employed, stable and continuous basis) Art 56 TFEU (self-employed, occasional or temporary basis) Residence rights after Brexit Right of residence is a grand-fathering of existing EU law rights of residence Art 18 WA allows MS or the UK to male the application for residence status a constitutive rather than a declarative formality. This means that failure to apply does not allow someone to have the status of a resident. 13MS+UK opted for the co titutive system. The UK has the EUSS. Issues to consider in problem as Determining whether the individual falls within the personal scope of WA (art 10) Determining whether the individual has lost their right of residence in the hose MS (continuity of residence issue) iving the individual his or her right of re Identifying the relevant the provision giving the individus monand his or her right of residence in the WA (e.g. if a how the WA Te-B. If an issue of right to work: Art 24WA, if an issue of equal treatment: Art 23 WA. etc.) dentifying the relevant provision in EU law itself (usually in the CRD) given the systematic cross- referencing of the WA to EU Law provisions +relevant ECJ case law