EU Citizens Brexit Update

EU Citizens Brexit Update

On 19 December 2017, Home Secretary, Amber Rudd, issued an update to EU citizens on their status once the UK formally leaves the EU in March 2019. So how does the UK Government intend to protect EU citizens, and their families, after Brexit?

In essence, the Home Secretary maintains that EU citizens’ Treaty rights will continue to be honoured until March 2019. Thereafter, EU citizens will be granted a new status that will allow them to continue to work, reside, study in the UK.

For the Home Secretary’s full update, read on…

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I’m proud that so many EU citizens like yourself have built your lives in the UK and made it your home. We value your contribution which is why the Government put safeguarding your rights as the first priority in the Brexit negotiations.

I am absolutely delighted that we have now reached an agreement with the EU that does this. I know that at times you’ve had an anxious wait while the fine details were ironed out, but we wanted to get it right and we have always had you at the forefront of our thoughts.

We have always said that we will continue to recognise the value you bring to our society, and that we will remain an open and diverse country. Hopefully this deal provides reassurance that we will do just that.

The agreement we have reached ensures the rights you and your family currently have remain[ed] broadly the same with access to healthcare, benefits and pensions protected. And your existing close family members living outside the UK retain the right to join you in future. These rights will be cemented in UK law meaning you can live your life as you do now with the security of knowing they won’t change. Irish citizens also have their existing rights, associated with the Common Travel Area arrangements, protected.

Away from the negotiations, my team at the Home Office has been working hard to build the digital system that you’ll use to get your new status. It’s being designed from scratch to be quick and simple to use. There won’t be bureaucratic hurdles – those processing applications will work in your favour.

What’s more, it will cost no more than the fee a British person pays for a passport and if you already have valid permanent residence documentation it will be free. There will be support for the vulnerable and those without access to a computer, and we’re working with EU citizens’ representatives and embassies to ensure the system works for everyone.

You do not need to do anything just yet. You will see more detail about the settled status scheme from us in the new year and we expect applications will open during the second half of 2018. In the meantime, please do share this message with your friends and family so that they too can stay up to date through our mailing list.

I hope that the agreement we have reached provides certainty to you and your family ahead of Christmas. EU citizens, like yourself, who have made the UK their home are our family, our neighbours and our colleagues and we want you to stay.

Have a very happy Christmas.

Yours sincerely,

Amber Rudd
Home Secretary

 

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Written by Carla Thomas – Managing Director at Thomas Chase immigration.

Thomas Chase Immigration offer immigration assistance to individuals and families.

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EEA PR applications: Assessing your options

EEA PR applications

There is still a lack of clarity about the position of European Economic Area (EEA) nationals in the United Kingdom (UK) post Brexit and this is having an impact on EEA PR applications.

As highlighted in past blogs (and newsletters to our subscribers), EEA nationals will be expected to ‘upgrade’ their current status to the new ‘settled’ status from March 2019, when the UK formally leaves to the European Union (EU).

While nothing has changed for the time being, many clients are instructing us to assist them with their applications to certify their permanent residence (PR).

But before launching into the applications, it helps to understand our clients’ reasoning and assess whether the legal requirements are met. After all, we want to make sure that our clients’ immediate and long terms needs are fulfilled and that the applications are in their best interests.

For example:

Case study 1: Sarah

Sarah is a French national who has lived and worked in the UK for over 10 years.

She owned her own home, had a stable and well paid job, had not used the National Health Service (NHS), apart from the odd check-up at her local doctor’s surgery) and until recently, felt very settled in the UK.

Sarah wished to apply for British citizenship to give her peace of mind in light of the lack of clear Government assurance for EEA nationals.

During our consultation, it became clear that Sarah had automatically acquired permanent residence (PR) in the UK once she had exercised her Treaty rights and continually resided in the UK for 5 years.

Nonetheless, that status had not been certified by the Home Office, a prerequisite for applications to naturalise as a British citizen.

Sarah was advised to submit an application to the Home Office to request that they certify her PR status. Once Sarah had held certified PR status for 12 months, she was advised to apply to naturalise as a British citizenship.

This was additional time that Sarah had not foreseen. Yet we reduced this timeframe by advising Sarah to gather specific documents, as advised by us, to cover a period of 6 years, rather than the required 5-year period.

By doing so, Sarah’s EEA PR application, similar to other EEA PR applications we have submitted, was recognised by the Home Office for a 6-year period, allowing her to immediately apply for British citizenship, an application that is now being considered by the Home Office.

Case study 2: John-Pierre

JP had lived the UK for 10 years after having travelled to the UK, from France, to study.
Three years ago, and at the end of his degree and postgraduate degree studies, JP became self-employed.

JP wished to apply for PR status also.

We reviewed JP’s immigration history. During his studies, JP never held Comprehensive Sickness Insurance (CSI) or been issued a European Health Insurance Card (EHIC).

The requirement to hold CSI was not highlighted by the Home Office and when JP once sought treatment on the NHS, it was ever raised as an issue. In fact, JP’s university had not told him about the requirement at the time.

Yet the impact of not having CSI as an EU student in the UK is serious, as JP would find it difficult to demonstrate, to the Home Office, that he was exercising his Treaty rights during his time as a student, as supported by case law.

So what were JP’s options?

JP was advised against submitting an application to certify his PR status at this time.

Could JP instead apply for settlement in the UK on the basis of 10 years continuous and lawful residence in the UK under the UK ? immigration laws?

Well yes and no.

Under the long residence requirements EEA nationals exercising who have exercised Treaty rights in the UK, but not yet certified their permanent residence status, are excluded from the provisions.

Why? Because EEA nationals are not subject to UK immigration rules and therefore cannot rely on those rules for redress.

Nevertheless, JP could submit a discretionary long residence application to the Home Office, outside of the UK immigration rules.

The issue?

JP would need to evidence that he had lawfully and legally exercised his Treaty rights in the UK for the entirety of his time in the UK, a hurdle that would be difficult for JP to overcome as he was not exercising Treaty rights as a student (remember the CSI requirements during his studies?).

Even if that discretionary application were to be approved by the Home Office, it would likely not have been in JP’s interests to make at this time, due to cost factors.

Of most concern to JP, was his wish to sponsor his non-EU girlfriend to join him in the UK, after their wedding early next year (and prior to the UK’s formal exit from the EU). JP did not wish to spend significant amounts of money on an application to the Home Office, unless it was absolutely necessary.

Previously, securing his status under UK immigration laws would have meant that JP would no longer have been recognised as an EU national exercising his Treaty rights in the UK.

Instead, JP would have been treated as a British citizen, and would therefore have been expected to sponsor his wife’s application under harsher and stricter UK immigration rules, rather than EU regulations.

We were pleased to inform JP that any application for British citizenship would not prevent him from exercising his Treaty rights and sponsoring his wife’s application for an EEA family permit due to recent case law.

And, it should be pointed out that UK immigration laws permit British citizens to sponsor their fiancées, a category of persons not strictly recognised as EEA family members.

That said, based on JP’s circumstances and longer term plans, JP was advised to take a wait- and-see approach to his status and arrange for his wife (once married) to apply for an EEA family permit to join him, soon afterwards, in 2018.

Under the Government’s proposals, EU nationals would be granted new settled status once they had completed 5 years’ lawful continuous residence in the UK. More importantly, that status would be granted, according to the Government, whether or not the EU national held CSI as a student (or self-sufficient person) or not.

Of course, the Government’s intentions are not set in stone.

Still, it is an option that would allow JP the opportunity to secure permanence in the UK after March 2019 and to sponsor his wife’s application, once married, under present EU regulations.

Have you experienced any of the above when making an application for PR status? What considerations or issues have you faced?

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Written by Carla Thomas – Managing Director at Thomas Chase Immigration.

Thomas Chase Immigration offer immigration assistance to individuals, families and organisations.

Liked this blog?

You might also like:

https://www.thomaschaseimmigration.com/brexit-deal-or-no-deal/

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Need straightforward immigration advice or assistance with an application under the EU Settlement Scheme, EEA family permit or naturalisation?

Contact us at [email protected] to arrange a consultation or to request assistance. You can also learn more about UK immigration from our blogs.