Re: The Avengers 2! The Official News and Speculation Thread - Part 1
OK from the man himself:
"We both have them. There’s a specific arrangement with those two characters that would allow us to use them with Avengers, but not discuss or reference their mutant or Magneto-related lineage. They can use them as mutants and as Magneto’s relatives, but cannot have anything to do with The Avengers." - Kevin Feige
There you have it.
"If you step out that door, you're an Avenger" - Hawkeye