Latest Position on Brexit

Latest position on Brexit

Here, is the latest position on Brexit, as it applies to EEA nationals and their family members, following the Home Office’s latest statement.

Settled Status
On 26 June 2017, Prime Minister Theresa May, announced plans to grant nationals from the European Economic Area (EEA), a new ‘settled status’ following the United Kingdom’s (UK) formal departure from the European Union in March 2019.

The new settled status will replace the current ‘permanent residence’ status and allow EEA nationals and their family members, the right to live, work and study in the UK.

On 22 June 2018, almost one year later, the new Secretary of State for the Home Department, Sajid Javid, has released the Home Office’s latest position on Brexit, as it relates to the rights of EEA nationals, as follows:

——————————————————————————————————————————————————————

As Home Secretary, I take immense pride that so many EU citizens like you have made your home here.

Safeguarding the rights of EU citizens in the UK has always been our first priority and the agreement we reached with the EU earlier this year did just that. The rights that you and your family currently have been protected which include access to healthcare, benefits and pensions.

Away from the negotiations, my team in the Home Office have been working hard to develop the service that you’ll use to get your settled status. This work will continue as we make sure that the system and processes are rigorously tested and meet every requirement ahead of the launch.

Today I am able to announce in more detail what this system will look like.

Most importantly, the application process is designed to be simple. Most people will only need to complete three sections to prove their identity, show that they live here and declare that they have no serious criminal convictions. We will also check employment and benefits records we already hold in government which for many people will mean that their proof of living here is automatic.  We hope therefore most people will not need to do anything beyond typing in personal details.

What’s more, settled status will cost less than the fee for a British passport – £65 and £32.50 for children under 16. For those who already have valid permanent residence or indefinite leave to remain documentation, they will be able to exchange it for 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.

I should stress that you do not need to do anything just yet. The scheme will open later this year and we are on track to open the scheme fully by 30 March 2019. The deadline for applications to the scheme will be 30 June 2021 so there will be plenty of time for you to apply and there are absolutely no quotas for applications.

I hope you will agree with me that this is an important step towards the commitment we made to you and your families so that you can continue your lives here.

Yours sincerely,

Sajid Javid
Home Secretary

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What next?

If you are an EEA national residing in the UK, it must be stressed again, that nothing has changed. The latest position on Brexit refers to the UK governments plans post-Brexit and in any case, the UK is still a Member State of the EU.

Thinking ahead, it may prove beneficial to wait until the introduction of the new settled status and submit, what promises to be, a streamlined application to register and recognise your UK status. EEA nationals will have the option of doing from March 2019 until 30 June 2021.

However, for many EEA nationals, and their family members, who have already resided in the UK for a significant amount of time, it may be advantageous to apply to certify your permanent residence, so as to facilitate an application for British citizenship. Of course, time will be a major factor as applications will need to be submitted before the end of March 2019.

The key is to plan ahead, and seek advice if you are unclear or wish to discuss your, and your family members’, immediate and longer term options.

 

Written by Carla Thomas – Managing Director at Thomas Chase immigration. Thomas Chase Immigration offer immigration help 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?

______________________________________________________________

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

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

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Top 10 Q&A on British Citizenship

Latest position on Brexit

Over time, I have received many questions from individuals seeking guidance on how to apply to become a British citizen. With that in mind, I have collated the top 10 questions and answers on all aspects of British citizenship.

  1. What is British Citizenship?

A British citizen has a right of abode in the United Kingdom (UK). In practice, if you have British citizenship, you have the right to permanently live and work in the UK without any immigration restrictions. And you will not need permission from an Immigration Officer to enter the UK

  1. Who can apply for British citizen?

Unlike some countries, you do not automatically become a British citizen because you were born in the UK. Under the British Nationality Act 1981, much will depend on your date of birth.

For instance, you will be a British citizen if you were born on or after 1 January 1983, and your mother or father was either:

  • a British citizen when you were born
  • ‘settled’ in the UK when you were born

It is typical for you to be a British citizen if one of your parents was born in the UK or had become a British citizen at the time of your birth.

Different provisions apply if you were born outside the UK or were born in the UK before July 2006. Where you fall within the latter, your father’s British nationality will normally only pass to you if he was married to your mother at the time of your birth.

Likewise, if you are an overseas national, Commonwealth citizen or national of the European Economic Area (EEA), you will not automatically acquire British citizenship merely because you have lived in the UK for a lengthy period of time.

However, there are a number of ways to become a British citizen. One of the main ways is to naturalise as a British citizen.

To apply to naturalise as a British citizen, you must meet the following requirements:

  • Be over 18 years of age
  • Meet the residence requirements
  • Have passed the Life in the UK test
  • Have a Secure English Language Test (SELT) grade of at least B1, or an equivalent level qualification, such as a degree taught or researched in English or be a national of a majority English speaking country
  • Be of good character
  • Intend to make the UK your permanent home

The residence requirement is very important and you must show that you:

  • Have lived in the UK for at least 5 years before the date of submission of the application
  • Have settlement (indefinite leave to remain) or permanent residence for at least an additional 12 months preceding the date of the application
  • To have spent less than 450 days outside the UK during those 5 years
  • To have spent less than 90 days outside the UK in the last 12 months
  • Not have been in breach of the immigration laws during your time in the UK

Applications on the basis of marriage or civil partnership to a British citizen is a frequently used route also. The key differences are:

  • You must evidence that you have lived in the UK for at least the 3 years before your application is submitted
  • You must have pent no more than 270 days outside the UK in those 3 years
  • You must have spent no more than 90 days outside the UK in the last 12 months
  • You must not have broken any immigration laws while in the UK

It is also possible to register to become a British citizen if:

  • You have another form of British nationality
  • You were born before 1 January 1983 to a British mother
  • You were born to a British father, even if he was not married to your mother
  • You were born in the UK on or after 1 January 1983
  • You are under 18 and do not fit into the other categories
  • You have a connection with Gibraltar or Hong Kong
  • You are stateless
  1. Are British citizens allowed dual citizenship?

British citizens are allowed to hold dual nationality. Nevertheless, some countries may treat the acquisition of another citizenship as a renouncement of their original nationality.

To avoid this happening to you, it is crucial to verify, with your country of origin, the potential implications of applying for British citizenship before an application is prepared and submitted.

  1. What is the British citizenship test and where can I sit the test?

Details of the British citizenship test, or Life in the UK test, can be found in my previous blog.

  1. What does British citizenship cost?

The application fee payable to UK Visas and Immigration (UKVI) will depend on how you qualify to become a British citizen. For instance, as of 18 March 2016, fee for British citizenship based on:

  • Naturalisation as an adult: £1,236
  • Registration as an adult: £1121
  • Registration as a child: £939
  1. Who can sign British citizenship application form?

As part of your application process, you must nominate two referees, one of which may be of any nationality and has professional standing in the UK.

The other referee must be a British citizen and hold a valid British passport. That person must be either a professional person or over the age of 25.

In addition, your referees cannot be:

  • Related to you
  • Related to each other
  • Your solicitor or agent
  • Someone who has been convicted for an imprisonable offence during the last 10 years

UKVI will make contact with your referees to verify your identity so it is important that your referees are able to respond in a timely manner to UKVI’ queries. Doing so will avoid delays to the application and at worse, a refusal.

  1. Can I apply for British citizenship if I have a driving conviction or criminal record?

UKVI had introduced a revised ‘good character’ requirements for all decisions made on or after 11 December 2014. As a result, UKVI will look at your previous conduct to assess whether you are likely, in future, to show ‘respect for the rights and freedoms of the United Kingdom’, observe national laws and fulfil your duties and obligations as a resident of the UK.Thomas Chase Immigration - British Citizenship

In doing so, UKVI will carry out criminal and civil record checks. All criminal offences, regardless of how minor the offence or when and where the offence was committed, will be considered by UKVI. This is because UKVI is not bound by the Rehabilitation of Offenders Act. Therefore, previous offences such as theft, drink driving, using a mobile phone while driving or driving while disqualified may likely prevent you from becoming a British citizen until there is a sufficient gap between the date of the offence and the date of the application.

Your immigration history will also be taken into account by UKVI when considering your application. For instance, if you entered the UK illegally, assisted in illegal migration or evaded immigration control, you will be prevented from making a British citizenship application until at least 10 years has passed from the date of entry to the UK. This will have a significant impact if you are a refugee who had used one of the above methods to gain entry to the UK. Similarly, if you overstay your visa for a relatively small period, your application for British citizenship may be refused.

And the tentacles of the good character requirements stretch even further so that financial issues such as bankruptcy or failure to pay your council tax can also have an adverse impact upon your application.

In light of the good character requirements, it is crucial to seek expert immigration advice if any of the above applies to you.

  1. Where should I send my British Citizenship application form?

Completed application forms should be sent to:

UKVI 
Department 1 
The Capital 
New Hall Place 
Liverpool 
L3 9PP 

The application must be accompanied by the correct application fee and supporting documents.

  1. How long does a British citizenship application take to be processed?

Applications are acknowledged within 2 weeks of receipt. UKVI aims to consider the application within 6 months. UKVI will retain all documents during that time including your passports. That said, it is possible to request the return of your passport although UKVI can request that it is resubmitted for further scrutiny.

10.Where are British citizenship ceremonies held?

Once your application has been approved by UKVI, you will be invited to attend at a Citizenship Ceremony. At the ceremony you will be asked to affirm or swear an oath of allegiance to Her Majesty the Queen and to pledge your loyalty to the UK.

Ceremonies take place at your local authority, and your UKVI Approval Letter will provide details of what you must do next and who to contact in order to make the necessary arrangements.

 

Written by Carla Thomas – Managing Director at Thomas Chase immigration. Thomas Chase Immigration offer immigration solutions to businesses, individuals and families by looking at the bigger picture.

Call to action

If you would like further guidance or assistance with an application for British citizenship, contact us at Thomas Chase Immigration to arrange a consultation. Or learn more about immigration from our blogs.

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Spouse visa – what are the requirements for a spouse visa

Thomas Chase Immigration - UK Spouse Visa

‘How do I apply for a spouse visa?’ ‘What are the requirements for a spouse visa? Common questions. You may be a British national living in the UK and would like your overseas spouse to join you. It should be a simple enough process. It is not. In an attempt to demystify the spouse visa applications, I have put together an outline of the process for applying for a spouse visa, the documents required and some general guidance to bear in mind.

Background

A spouse visa is appropriate when you are already in the UK and you would like your overseas spouse or civil partner to join you in the UK for over 6 months. Overseas national refers to your partner being a national of a country outside of the European Economic Area (EEA) and who is living abroad.

As part of the immigration process, you will need to sponsor your partner’s application to join you as a dependant and you will need to fall within one of the following:

  • Be a British citizen
  • Have settlement or indefinite leave to remain in the UK
  • Have asylum or humanitarian protection in the UK

Much of this information may apply to unmarried partners also though for the purposes of this article, the focus will be on spouses and married partners.

Application

As the sponsor you are supporting the application. Your partner will need to complete and submit the application online in their country of nationality or residence. The only exception to the online process is where your partner resides in or is from North Korea in which case, they will need to download and complete a paper application form.

The application form can be saved and returned to, allowing you to assist with the preparation of the application form or to review the application to ensure that all the information provided is correct.

The application type normally causes confusion. As you are a British citizen or settled and living in the UK, your partner will need to apply for a ‘Family of a Settled Person’ visa.

If you have children, your partner should their details within their application form and also complete separate online applications for each child.

Key requirements:

Genuine Relationship

Your partner must be over 18 and your relationship must be genuine and that you intend to live together as a family in the UK. When submitting the application to UK Visas and Immigration (UKVI), they will wish to see evidence that the marriage or civil partnership is legal and that the relationship is one that exists and has not an ‘arranged marriage’ or has been entered into to circumvent immigration laws.

Earnings

One of the most onerous requirements is the need for you to meet the financial requirements for your partner to successfully apply to join you in the UK. This means that you need to show that you earn above a certain threshold.

The salary threshold currently stands at:

  • £18,600 per annum – partner only
  • £22,400 per annum – partner and first child
  • £24,800 per annum – partner and 2 children
  • £27,200 per annum – partner and 3 children
  • £2,400 for each additional child

So as an example, if you are sponsoring your wife and 3 children to join you in the UK as your dependants, you will need to show the following savings or earnings:

  • £27,200 per annum – partner and 3 children

Total = £27,200

The financial requirement is usually evidenced via your income but can be a combination of:

  • Income from employment or self-employment – if you’re in the UK with permission to work
  • A pension
  • Maternity, paternity, adoption or sick pay
  • Other income such as from rent or shares
  • Cash savings – you’ll need at least £16,000, and the savings must have been in your name for 6 months or more

You will not need to meet the financial requirement if you have one or more of the following benefits:

  • Disability Living Allowance
  • Severe Disablement Allowance
  • Industrial Injuries Disablement Benefit
  • Attendance Allowance
  • Personal Independence Payment
  • Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
  • Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme
  • bereavement benefits

The above requirements do not apply if you have either humanitarian protection or refugee status and are subject to change.

You will also need to complete a Financial Requirement Form or Appendix 2 to further evidence that you meet the financial requirements.

The evidential flexibility for meeting the financial requirements is set out in paragraph D of Appendix FM-SE.

Accommodation

As part of the application process, you must show that you and your partner (and any children) will have adequate accommodation in the UK. This is to prevent individuals later seeking public assistance.

English language

Your partner will need to show that they have a knowledge of the English Language when they apply to join you in the UK.

If your partner is from a national of a majority English language, their language skills will be implied. Those countries are:

  • Antigua and Barbuda
  • Australia
  • the Bahamas
  • Barbados
  • Belize
  • Canada
  • Dominica
  • Grenada
  • Guyana
  • Jamaica
  • New Zealand
  • St Kitts and Nevis
  • St Lucia
  • St Vincent and the Grenadines
  • Trinidad and Tobago
  • US

Otherwise, English language can be evidenced by way of:

  • An academic qualification that both:
    • was taught or researched in English
    • is recognised by the body, UK NARIC, as being equivalent to a bachelor’s or master’s degree or PhD

A partner may be exempted from evidencing a knowledge of the English language where:

  • They are 65 years of age and older
  • Unable to do so due to a long term physical or mental condition
  • There are exceptional circumstances preventing them from meeting the requirements

UKVI will expect to see evidence if any of the above applies.

Tuberculosis Testing

As part of the immigration process, your partner may need to provide evidence of Tuberculosis (TB) screening if they are a resident of a particular country. Further information on TB screening can be found here.

It is advisable for your partner to book a test well in advance of the UKVI appointment as TB screening appointments in some countries can be subject to long waiting times.

Once your partner has been screened and found to be clear of infectious TB, they will be given a certificate which must be submitted as part of their application.

If you have children traveling as part of the application, they will need to be seen by the clinician who will decide if they need a chest x-ray. For any children under 11, a chest x-ray is rare. Once cleared, their certificates will also need to be included in their applications.

Children under 11 will not normally have a chest x-ray.

The TB certificate is normally valid for 6 months so this needs to be factored into your overall applications timescales.

Sponsorship Form

You will need to confirm your sponsorship of your partner’s (and child or children’s) application by way of an undertaking. This is done by completing a Sponsorship Form

By signing the Sponsorship Form, you are confirming that you will be responsible for your partner’s (and child’s or children’s) maintenance, accommodation and care, without relying on public funds:

  • For at least 5 years, if they are applying to settle
  • Throughout their stay in the UK

Documents

The key documents to be submitted with the application will depend on your and your partner’s circumstances. Each person’s circumstances are different and there have been instances when I have advised clients to submit additional documents or made detailed representations to UKVI in order to make the application process as smooth as possible.

Whilst this is not an exhaustive list, some of the key documents to be submitted are:

  • Printed application form
  • Your current passport or valid travel identification document
  • Any previous or expired passports
  • Your partner’s passport sized photographs
  • Evidence of your identity and status in the UK
  • Evidence of marital status
  • Evidence that you and your partner intend on living together in the UK and of your relationship
  • Proof of adequate accommodation in the UK
  • Proof that you can meet the financial requirement/ maintenance requirements
  • Financial Requirements Form
  • Your partners proof of their knowledge of the English language
  • Your partner’s valid TB test certificate – see above
  • Sponsorship Form

If your child or children are applying to travel to the UK with your partner, the following should also be included, though this is not an exhaustive list:

  • Your child’s current passport or valid travel identification document
  • Your child’s previous or expired passports
  • Your child’s passport sized photographs
  • Your child’s valid TB test certificate

How long are processing times?

Processing times are at the mercy of UKVI and depends on a number of factors. For that reason, it is advisable to leave nothing to chance so as to prevent delay to your application.

On average, however, spouse applications can take up to 12 weeks to be decided. The latest  UKVI processing timescales can be found here.

Application fees

As of 2016/2017, application fees for your dependant to join you in the UK stand at £1,195. Fee increases apply as of 6 April 2017.

In addition, your partner will need to pay an Immigration Health Surcharge towards the National Health Service of £200 per year.

How long will the visa be issued for?

Spouse visas are issued for 33 months. Before the end of the visa, your partner will need to apply to extend their visa for a further 2 years and 6 months. The application will be made UKVI from within the UK so there is no need for your partner to leave the UK and make the application from abroad.

Can my partner work in the work?

Once the visa has been issued, your partner may work, take up employment and study in the UK.

Can my partner apply for settlement?

Your spouse may apply for indefinite leave to remain in the UK or settlement once they have resided in the UK for 5 years continuously.

My suggestion is that as soon as your spouse enters the UK as your dependant, they you both take a long term view to your situation and collate documents over the next 5 years to with a view to submitting an application to first extend their leave in the UK and later to seek settlement.

Conclusion

Spouse visas allow an overseas partner living abroad to join their British or settled spouse or civil partner in the UK. Once obtained, the overseas partner may travel to the UK, live beyond 5 years, work and study. Yet, the fact that the sponsoring spouse of civil partner might be British or settled in the UK does not necessarily mean that the immigration process will be a straightforward one. There are a number of strict requirements that could lead to a delay or a refusal of a spouse visa application if those requirements are not met.  With this in mind, this article has sought to explain the spouse visa immigration process and clarify the requirements to be met by UK sponsors and their overseas partners.

Call to action

If you would like further guidance or assistance with an application for a UK spouse visa, contact us at Thomas Chase Immigration to arrange a consultation. Or learn more about immigration from our blogs.

You may also like: Q&A: UK spouse visas and Disability Living Allowance.

Permanent Residence to British Citizenship: Is it Worth the Hassle?

You have applied to the Home Office for your Permanent Residence card. Post Brexit, is it worth making an application to become a British Citizen?

That depends.

The new Prime Minister, Theresa May, has stated that Brexit will mean Brexit. There will likely be changes for EU nationals seeking to relocate to the UK and work in future beyond Brexit, subject to any reciprocal agreements and negotiations on freedom of movement.

However, for those EU nationals that already have Permanent Residence (PR) in the UK and have applied to certify this status by the Home Office, very little is likely to change. Except that they will have rights under EU law that will no longer strictly apply to the UK post Brexit.

Applying to become a British citizen can be beneficial for those EU nationals with PR that have made the UK their long term home and intend to continue doing so.

If life in the UK is important to you, you couldn’t imagine life elsewhere and you want the added security of knowing that your status will be protected, the extra step can help. And the good thing is, many countries within the EU allow nationals to hold dual nationality.

But there is a proviso and that is around timing. If you are an EU national with non-EEA family overseas, it may be considerably easier to have them join you under the current EU regulations than under UK immigration rules, This is because UK immigration laws place strict financial and other requirements on non-EEA family members joining British family members.

Written by Carla Thomas – Managing Director at Thomas Chase immigration. Thomas Chase Immigration offer immigration solutions to businesses, individuals and families by looking at the bigger picture.

Call to action

If you would like further guidance or assistance with an application for a settlement or British  citizenship, contact us at Thomas Chase Immigration to arrange a consultation. Or learn more about immigration from our blogs.

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Applying for an EEA Family Permit

Successfully applied to become a British Citizen? Here’s what you must do next!

EU citizens Brexit

Congratulations! Your application to become a British Citizen has been successful and you have the Home Office letter to prove it.

You have contacted the local council to arrange your attendance at the citizenship ceremony and invited your nearest and dearest to witness you becoming a British national.

At the ceremony, you will receive your certificate of British citizenship and welcome pack.

And then onto the next step – applying for your British passport. It’s exciting isn’t it?!

Yes. Only there are a few things that you need to be aware of.

After you attend the citizenship ceremony and receive your certificate of British citizenship, your Biometric Residence Permit (BRP) is no longer appropriate for your circumstances. That’s because you have formally become British and your BRP does not reflect this.

To address this, the Home Office requires that you return the BRP to them by post within 5 days of attending the ceremony or receiving the certificate of British citizenship.

Did I say ‘require’? It would be better to say ‘insist’ as failure to return your BRP to the Home Office after attending a citizenship ceremony can result in a fine of up to £1,000.

The BRP must be returned to (correct as of today’s date):

POL Returns 
PO Box 195 
Bristol 
BS20 1BT.

The BRP shouldn’t merely be placed in an envelope and posted but should be cut into several pieces and placed in a windowless envelope with a note. That note should contain brief wording such as:

‘I am returning my permit because I have become a British citizen’.

Apart from ensuring that you return your BRP within 5 days of attending the citizenship ceremony or receiving your certificate of British citizenship, it all seems straightforward, right?

Wrong! What happens if you have travel booked or plan to travel but cannot afford to wait 6 weeks to receive your new British passport?

Can you attend the ceremony, receive your certificate of British citizenship, travel with your original overseas passport and re-enter the UK with your BRP? After all, the BRP will show that you are entitled to reside in the UK and hasn’t expired.

The firm answer is no.

Once you have attended the citizenship ceremony or received your certificate of British citizenship you cannot hold onto the BRP and travel with it once you. You will instead need to be in possession of a British passport or Right of Abode Certificate to enter the UK.

If you do have travel booked, in such circumstances, it may be best to delay booking and attending the citizenship ceremony.

Normally, you will have 3 months from receipt of the Home Office letter of your application outcome to book and attend the ceremony. It your travel is booked to take place within that time, it may be best to contact your local council and explain the situation to them.

Council officials are extremely helpful and may possibly arrange for you to attend the ceremony at the latest available date. This may give you sufficient time to complete your travels and return to the UK using your BRP before attending the ceremony. This option will not be available if your certificate of British citizenship has been sent to you instead.

The main thing is that having gone through the process of qualifying for British citizenship, applying and being successful, it wold be a shame to become subject to a fine because you did not return your BRP or at worst, have no way of proving your immigration status when returning to the UK after your travels.

Hopefully, following this short guide will help you focus on what’s important, celebrating the outcome of your application to become a British citizen!