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:

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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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https://www.thomaschaseimmigration.com/brexit-update/

https://www.thomaschaseimmigration.com/eea-family-permit/

 

Brexit Update

Brexit Update

On 23 March, the Home Office issued an update to European Economic Area (EEA) nationals on their status after Brexit on March 2019, when the United Kingdom (UK) formally leaves the European Union (EU).  This follows the Department for Exiting the European Union’s policy paper, which was published on 28 February 2018.

The Home Office maintains that EEA nationals’ rights to reside in the UK will continue to be honoured until 29 March 2019.

From 29 March 2019 until 30 June 2021, EEA nationals and their families, will be allowed to apply for a new status that will allow them to continue to work, study and reside in the UK.

It was announced, that the system for registering for the new settled status will be straightforward and streamlined, and compatible with EU Directive 2004/38 (Article 8).

At the present time, it is still unclear what immigration framework EEA nationals, and their families, will be subjected to post 30 June 2021 and so we await further details.

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

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As Brexit negotiations continue, this is the latest information on the status of EU citizens in the UK and how you are affected.

You may have seen this week that the UK and the EU have now reached an agreement on what happens during the period immediately after Brexit, known as the implementation period. This is important as it will give citizens and businesses on both sides time to adjust before a new relationship with the EU is agreed.

So, what has been agreed so far and how will you be affected?

EU citizens currently in the UK

The agreement on citizens’ rights reached in December has now been formalised into a draft Treaty text, meaning it is in the right form to be written into law.

The agreement means that if you are an EU citizen living in the UK before the UK leaves the EU on 29 March 2019 you will be able to continue to live and work in the UK. Your rights to healthcare, work arrangements and access to benefits will continue. Also, your existing close family members will be able to join you in future in the same way that they can now. You can read more here: Status of EU citizens in the UK: what you need to know.

From this week, EU citizens in the UK have been seeing digital adverts encouraging you to ‘stay informed’. The activity is part of an ongoing effort by the Government to build awareness about the agreement to protect EU citizens’ rights ahead of the roll-out of the settlement scheme. As a member of this mailing list, you will continue to receive the latest information on how you are affected and what action you will need to take in future.

Settlement scheme

If you are an EU citizen or family member already living in the UK, a user-friendly scheme to enable you to secure your settled status here will open later this year. But there is no rush – you will have up until 30 June 2021 to make your application.

We will provide more information on the scheme and how to apply in the coming months. You do not need to do anything further at this point.

Implementation period

The agreement we reached with the EU this week extends the citizens’ rights protections above to include EU citizens and their family members arriving in the UK during the implementation period (from 30 March 2019 to 31 December 2020). This ensures that those planning to come to the UK after March next year know what the arrangements will be. During this time, new arrivals will need to register through a new Home Office registration scheme after three months in the UK.

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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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Need straightforward immigration advice or guidance on EU free movement?

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Brexit negotiations latest

Brexit negotiations

On 19 October, the Prime Minister, Theresa May, has issued an update, via email, about the Brexit negotiations and their impact on EU nationals.

______________________________________________________________________________________________

Dear Thomas Chase,

As I travel to Brussels today, I know that many people will be looking to us – the leaders of the 28 nations in the European Union – to demonstrate we are putting people first.

I have been clear throughout this process that citizens’ rights are my first priority. And I know my fellow leaders have the same objective: to safeguard the rights of EU nationals living in the UK and UK nationals living in the EU.

 

I want to give reassurance that this issue remains a priority, that we are united on the key principles, and that the focus over the weeks to come will be delivering an agreement that works for people here in the UK, and people in the EU.

 

When we started this process, some accused us of treating EU nationals as bargaining chips. Nothing could have been further from the truth. EU citizens who have made their lives in the UK have made a huge contribution to our country. And we want them and their families to stay. I couldn’t be clearer: EU citizens living lawfully in the UK today will be able to stay.

 

But this agreement will not only provide certainty about residence, but also healthcare, pensions and other benefits. It will mean that EU citizens who have paid into the UK system – and UK nationals into the system of an EU27 country – can benefit from what they’ve put in. It will enable families who have built their lives together in the EU and UK to stay together. And it will provide guarantees that the rights of those UK nationals currently living in the EU, and EU citizens currently living in the UK will not diverge over time.

 

What that leaves us with is a small number of important points to finalise.  That is to be expected at this point in negotiations. We are in touching distance of agreement.  I know both sides will consider each other’s proposals for finalising the agreement with an open mind. And with flexibility and creativity on both sides, I am confident that we can conclude discussions on citizens’ rights in the coming weeks.

 

I know there is real anxiety about how the agreement will be implemented. People are concerned that the process will be complicated and bureaucratic, and will put up hurdles that are difficult to overcome. I want to provide reassurance here too.

We are developing a streamlined digital process for those applying for settled status in the UK in the future. This process will be designed with users in mind, and we will engage with them every step of the way.  We will keep the cost as low as possible – no more than the cost of a UK passport.

 

The criteria applied will be simple, transparent and strictly in accordance with the Withdrawal Agreement.  People applying will not have to account for every trip they have taken in and out of the UK and will no longer have to demonstrate Comprehensive Sickness Insurance as they currently have to under EU rules.  And importantly, for any EU citizen who holds Permanent Residence under the old scheme, there will be a simple process put in place to swap their current status for UK settled status.

 

To keep development of the system on track, the Government is also setting up a User Group that will include representatives of EU citizens in the UK, and digital, technical and legal experts. This group will meet regularly, ensuring the process is transparent and responds properly to users’ needs. And we recognise that British nationals living in the EU27 will be similarly concerned about potential changes to processes after the UK leaves the EU.  We have repeatedly flagged these issues during the negotiations. And we are keen to work closely with EU Member States to ensure their processes are equally streamlined.

 

We want people to stay and we want families to stay together. We hugely value the contributions that EU nationals make to the economic, social and cultural fabric of the UK. And I know that Member States value equally UK nationals living in their communities. I hope that these reassurances, alongside those made by both the UK and the European Commission last week, will provide further helpful certainty to the four million people who were understandably anxious about what Brexit would mean for their futures.

 

Yours sincerely

Theresa May, Prime Minister

_____________________________________________________________________________________________

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

Thomas Chase Immigration offer immigration help to individuals and families.

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Need straightforward immigration advice or guidance on EU free movement?

Contact us at [email protected] to arrange a consultation. Or learn more about from our blogs

 

Brexit, Settled Status & EU Nationals

Thomas Chase Immigration - Brexit, Settled Status

The UK government has set out its negotiation position with the European Union (EU), on the future status of approximately 3 million EU nationals currently exercising Treaty rights in the UK. The published information provides an outline of the government’s position on a ‘new settled status’, but is very short on detail. Here, we review the latest government proposals and their possible impact for EU nationals and their families.

Settled Status
A new ‘special settled status’ was announced by Prime Minister, Theresa May on 26 June 2017, aimed at granting EU nationals “the right to live in Britain, to undertake any lawful activity, to access public funds and to apply for British citizenship.”

The proposals will allow EU nationals to acquire or transfer their permanent status into a special settled status, thereby bringing them within the restrictive UK immigration laws that currently apply to nationals outside of the European Economic Area (EEA).

Let’s look at the proposals in more detail. As part of the UK government’s wish to ‘safeguard’ the rights of EU nationals in the UK, the government said it will:

  • Comply in full with its legal obligations, including in respect of administrative procedures for providing documentation for those exercising Treaty rights until such time as the UK leaves the UK;

 

  • Create new rights in UK law for qualifying EU citizens, resident here before the UK’s exit from the EU. Those rights will be enforceable in the UK legal system and will provide legal guarantees for those EU. In addition, the Court of Justice of the European Union (CJEU) will not have jurisdiction in the UK;

 

  • These rights will apply to all EU citizens equally and the UK government will not treat citizens of one member state differently to those of another qualifying EU citizens will have to apply for their residence status. The administrative procedures which they will need to comply with in order to obtain these new rights will be modernised and kept as smooth and simple as possible;

 

  • Bring the application process under a separate legal scheme, in UK law, rather than the current one for certifying the exercise of rights under EU. The UK government intends to tailor the eligibility criteria so that, for example, it will no longer require evidence that economically inactive EU citizens have previously held ‘comprehensive sickness insurance’ in order to be considered continuously resident;

 

  • Provide all qualifying EU citizens adequate time to apply for their new residence status after the UK leaves the UK. There will be no ‘cliff-edge’ at the point of the UK’s withdrawal from the EU;

 

  • Guarantee that qualifying individuals will be granted settled status in UK law (indefinite leave to remain pursuant to the Immigration Act 1971). This means they will be free to reside in any capacity and undertake any lawful activity, to access public funds and services and to apply for British citizenship;

 

  • Allow EU nationals to qualify for the new settled status as long as they were resident in the UK before a specified date and must have completed a period of 5 years’ continuous residence in the UK before they apply for settled status. They must also still be resident in the UK at that point to qualify;

 

  • Allow EU citizens who arrived and became resident before the specified date, but who have not accrued five years’ continuous residence at the time of the UK’s exit from the EU, to apply for temporary status in order to remain resident in the UK. Once those EU nationals have resided in the UK for 5 years, they will be eligible to apply for settled status;

 

  • Allow EU citizens who arrived after the specified date, to remain in the UK for at least a temporary period. They may become eligible to settle permanently, depending on their circumstances. However, this group should ‘have no expectation of guaranteed settled status’;

 

  • Allow family dependants, who join a qualifying EU citizen in the UK before the UK’s exit from the EU, to apply for settled status after 5 years. The 5 years’ period includes time accrued after Brexit. Those joining after the UK’s exit will be subject to the same rules as those joining British citizens or alternatively to the post-exit immigration arrangements for EU citizens who arrive after the specified date;

 

  • Define the ‘specified date’ as no earlier than the 29 March 2017, the date the formal Article 50 process for exiting the EU was triggered, and no later than the date of the UK’s withdrawal from the EU. The specified date will be agreed with the EU as part of delivering a reciprocal deal; and

 

  • Apply rules to exclude those who are serious or persistent criminals and those whom we consider a threat to the UK.

It cannot be stressed enough that the above proposals are just that, proposals. The proposals will form part of the UK’s negotiations with the EU and is likely to change or bend as time progresses. Regardless, as they stand, they will have a huge impact on EU nationals’ ability to work, study and unite with family members in the UK.

Summary

The new settled status will apply to EU nationals and their family members who are currently exercising Treaty rights in the UK, but have not yet acquired 5 years’ continuous residence, and will also be applicable to EU nationals that have already applied to the Home Office to certify their permanent residence status.

Applying for the new settled status will be done under a ‘fast- track process’.

Great. Some information has been provided. And yet, so much has been left unsaid.

  • What will the fast track process look like?
  • How does the government intend to fast-track the applications for the large number of EU nationals in the UK?
  • It is not clear if the application process for the new settled status will differ for EU nationals that have already gone through the onerous process of applying to certify their permanent residence status and supplied a great deal of documents, as compared to those that had not certified their permanent residence status at all.
  • How will settled status for EU nationals already in the UK, differ from the settled status for EU nationals arriving after the ‘specified date’?
  • Will EU nationals arriving after the cut-off date see a restricted definition of ‘family members’ as seen under the current UK immigration rules?
  • Will EU nationals that had certified their permanent residence status be expected to complete another form and submit masses of documents again?
  • What is the specified cut-off date?

Another key omission? Fees. How much will EU nationals be expected to pay to apply for the new settled status? For instance, national from outside of the European Economic Area (EEA) can expect to pay £2,297 (fees as applied from 6 April 2017 and current as of today’s date). Compare that to an application to certify permanent residence, currently £65.

Will EU nationals be expected to pay hundreds or even thousands of pounds for settled status? We don’t yet know although the UK government proposes that fees will be reasonable.

And will the fast-track system be offered as standard or will a premium fee be attached? We also do not know.

What is clear is that some EU nationals are holding off making an application to certify permanent residence status and instead waiting for details of the new settled status. The merits of doing so will of course depend on each individual and their circumstances.

Settled status, students and the self-sufficient

At present, EU nationals in the UK as students or who are self-sufficient, are required to hold comprehensive sickness insurance (CSI). Without CSI, such EU nationals are deemed not to have exercised their Treaty rights in the UK.

The government has proposed that CSI will not be a requirement for EU nationals seeking the new settled status.

Permanent residence and British citizenship

What factors should EU nationals factor into their decision making?

Well, not all EU nationals are eager to apply for British citizenship or meet the requirements for British citizenship. In fact, some nationals are precluded from holding dual nationality by their home country.

For those keen to secure British citizenship, applying to certify permanent residence status, especially for those already exercising their Treaty rights in the UK for 5 years and over, can be beneficial. Why? Because it may be a ‘quicker’ route to naturalising as a British citizen.

When applying for British citizenship, EU nationals have been exercising Treaty rights for 5 years, at which point they will acquire permanent residence. Thereafter, they must apply to the Home Office to certify their permanent residence and hold such recognised status for a further 12 months.

Examples

For example, one of our client’s Eliana, owned and ran her own business in the UK for the past 8 years and successfully applied for British nationality. Eliana first applied to certify her permanent residence status on the basis that she could evidence exercising her Treaty rights as a self-employed person for the past 7 years. Not the easiest of exercises but Eliana only managed to obtain 7 years of the recommended documentary evidence.

We prepared the application and asked the Home Office to not only certify Eliana’s permanent residence status for the past 5 years, but for the past 7 years. This was duly done and allowed Eliana to immediately apply for British citizenship without waiting for a further 12 months.

Equally, another client had her permanent residence status recognised based on her UK activities over the past 5 years. After 12 months’ she may apply for British citizenship, well before the UK formally leaves the EU, assuming the cut-off date is when the UK officially leaves the EU.

This option may be far ‘quicker’ route to British citizenship as compared to applying for settled status, once it is rolled out, and holding that status for an additional 12 months. At the moment, there is nothing to say that the new settled status will be retrospective in law.

Family members

There are good reasons to wait and delay making an application British citizenship. One of which is related to family members. Under EU regulations, EU national exercising Treaty rights in the UK, are entitled to have their direct and indirect family members join them in the UK.  This includes non-EEA family members.

Once the EU national becomes a British citizen, family reunion becomes restricted, onerous and expensive.

An EU national sponsoring a non-EEA spouse to join the in the UK can be as (relatively) straightforward as submitting a EEA family permit application at zero cost.

Doing so as a British citizen means meeting the financial requirements and earning a salary of at least £18,600 per annum, and Home Office fees in the region of £1400 plus an Immigration Health Surcharge of approximately £600.

And applying for an elderly parent to a British citizen in the UK is extremely difficult, with extended family members such as cousins and uncles being almost impossible.

Conclusion

The government has laid out its proposals, for a new settled status, for EU nationals exercising Treaty rights in the UK and for those arriving after the UK formally leaves the EU. Nevertheless, the proposals are extremely light on details, making it difficult for EU nationals to assess the best way forward. That is, whether to apply to certify their permanent residence status, thereafter apply for British citizenship, or simply wait and see how the plans for new settled status materialise.

Much will depend on the circumstances of the individual EU national, and we have listed some of those considerations above. And of course, we must remember that the proposals, at least for now, are just that…published plans to be negotiated with the EU. As such, they are subject to change. So we will watch this space and keep you updated.

 

Written by Carla Thomas – Managing Director at Thomas Chase immigration. Thomas Chase Immigration offer immigration solutions to businesses, individuals and families looking for friendly, straightforward advice.

Call to action

If you would like further guidance on the rights of EU citizens or assistance with an application for a permanent residence document, contact us at Thomas Chase Immigration to arrange a consultation. Or learn more about immigration from our blogs.

 

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Overseas Visitors and UK Healthcare

We look at overseas visitors to the UK from the EEA and non EEA countries and and access to healthcare

It is holiday season and millions of travellers from all over the world are expected the visit the UK. Most visitors will have adequate medical insurance. Yet what happens if your travel insurance doesn’t go far enough or you don’t have travel insurance at all, but require healthcare. And what impact will rule changes have from October 2017. We answer those questions, and more, in this post on overseas visitors and healthcare.

In 2015, there were 36.1 million visitors to the UK from overseas visitors, 5.1% higher than in 2014. In 2016, the number of overseas visits to the UK reached record levels of 37.6 million. 

Access to healthcare treatment during a person’s travels depends on whether the visitor is travelling from within or outside of Europe.

EEA NATIONALS

For those visitors to the UK, from within the Economic European Area (EEA), it is recommended to apply for the European Health Insurance Card (EHIC). The EHIC entitles EEA nationals to access necessary treatment at a reduced cost, or sometimes at no cost, in certain European countries with state provided healthcare, and is free.

Treatment for pre-existing medical conditions are covered. Yet, the EHIC has its limitations. For instance, it will not cover private medical healthcare costs such as the cost of being flown back to the European country of residence. And while routine maternity care is covered, it will not cover the cost of specifically travelling to the UK to give birth within the UK’s National Health Service (NHS)

For this reason, it is highly recommended that EEA nationals travelling to the UK on holiday hold both an EHIC card and valid and adequate travel insurance.

Only EEA nationals from the following countries are required to hold adequate medical and travel insurance and need not possess a EHIC:

  • The Channel Islands, including Guernsey, Alderney and Sark
  • The Isle of Man
  • Monaco
  • San Marino
  • The Vatican

If an EEA national visiting the UK finds themselves in need of medical treatment, they may dial 112, the free European emergency number, for immediate assistance.

The EU Directive route

The European Union (EU) Directive route entitles EEA visitors to purchase NHS or private healthcare in England and seek reimbursement for medically necessary treatment from their country of residence. The reimbursements are limited to the amount the treatment would normally cost in their home country. It does not cover emergency treatment and prior authorisation may be required

NON-EEA VISITORS

Visitors to England, more specifically, from outside of the EEA must have personal medical provisions or travel insurance to cover for the length of their visit.

If a visitor requires certain emergency treatment, the NHS will not turn the person away and some NHS services and treatments are free, making them exempt from charges.

These include:

  •  Accident and emergency services
  • Family planning services though it does not include infertility treatment
  • Treatment for most infectious diseases, including sexually transmitted infections (STIs)
  • Treatment required for a physical or mental condition caused by torture, female genital mutilation (FGM), domestic violence or sexual violence and yet charges will apply if the visitor enters England for the purpose of seeking that treatment

What happens if they then seek unplanned medical treatment from the NHS? Unfortunately, it’s not uncommon visitors to book their travel and omit or forget to purchase travel insurance or even seek the minimum travel insurance cover available. In such cases, overseas visitors receive a medical bill for fees chargeable at 150% of the NHS standard rate. Ouch!

Different rules apply for overseas visitors requiring medical assistance in Scotland, Wales and Northern Ireland.

It is also worth pointing out that some non-EEA visitors may be exempt from NHS charges. They include those traveling for longer than 6 months to work, to study or join family members, as they will have paid a separate Immigration Health Surcharge.

Changes to Healthcare rules from October 2017

As of 23 October 2017, non-EEA nationals must pay for non-urgent treatment and services, in advance. Visitors will be given an estimate of the treatment costs and will be expected to pay for this upfront, or treatment will not be provided.

From October 2017, failure to pay such charges will adversely impact upon any future immigration applications.

Reciprocal Agreements

Exemptions also apply to visitors from countries that have reciprocal healthcare agreements with the UK.

The reciprocal agreements entitle visitors, from specified countries, to access immediate emergency medical treatment free of charge. They are:

  • Anguilla
  • Australia
  • Bosnia and Herzegovina
  • British Virgin Islands
  • Falkland Islands
  • Gibraltar
  • Isle of Man
  • Jersey
  • Kosovo
  • Macedonia
  • Montenegro
  • Montserrat
  • New Zealand
  • Serbia
  • St Helena
  • Turks and Caicos Islands

The nature and access to free treatment will differ for each country under their respective reciprocal agreements. http://www.nhs.uk/NHSEngland/Healthcareabroad/countryguide/NonEEAcountries/Pages/Non-EEAcountries.aspx

The agreements do not normally apply when the person has travelled to the UK for the purpose of obtaining healthcare.

There are non-EEA countries which previously held reciprocal healthcare agreements with the UK. Those agreements came to an end on 2016. As a result, visitors from the following countries must ensure they have adequate travel and health insurance, as they will be charged for accessing healthcare and treatment on the NHS.

  • Armenia
  • Azerbaijan
  • Barbados
  • Belarus
  • Georgia
  • Kazakhstan
  • Kyrgyzstan
  • Moldova
  • Russia
  • Tajikistan
  • Turkmenistan
  • Ukraine
  • Uzbekistan

On another note, from 21 August 2017, employers of overseas visitors working on UK-registered ships will be charged for NHS fees incurred.

Conclusion

With travel season well underway, it is important, whether you are from within the EEA or a non-EEA national, to know what emergency and non-urgent treatment and services you can access in the UK. Having adequate travel and medical insurance can provide a great deal of comfort, but if that, for whatever, reason is not the case, there may be other measures in place to help you get the treatment you need at reduced costs. By being informed, you can ensure you have a safe and enjoyable holiday, avoid a huge bill and at worse, for non-EEA nationals in particular, prevent adverse consequences in any future immigration applications.

Happy travels!

 

Key information

Call 999 if someone is seriously ill or injured and their life is at risk

Call NHS 111 if you urgently need medical help or advice but it’s not a life-threatening situation. You can also call NHS 111 if you’re not sure which NHS service you need.

 

Written by Carla Thomas – Managing Director at Thomas Chase immigration. Thomas Chase Immigration provide an end-to-end immigration service to individuals and families to help make the process as smooth as possible

Call to action

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

Brexit & EU citizens in the UK

Thomas Chase Immigration - EU citizens

What is the UK government’s position on the future rights of EU citizens living in the United Kingdom (UK), as Brexit negotiations get underway?

Earlier today, Prime Minister Theresa May updated Parliament on the European Union (EU) summit and her proposals for EU citizens in the UK. Those with 5 years’ lawful residence at the point of cut-off, will be granted ‘settled status’, akin to indefinite leave to remain and current permanent residence provisions

The cut-off will be no later than the UK’s exit from the EU and will be agree with the member states.

After, the cut-off date, EU citizens will be able to bring their family members (dependants) to the UK in the same (very restrictive) way as British status.

For those EU nationals in the UK with less than 5 years’ residence, who arrive before the cut-off, it is proposed that they may remain in the UK until they are in a positon to apply for 5 years’ settled status.

The system of EU citizens’ registration is to be streamlined and will not require comprehensive medical insurance in future!

Contentious areas

Let’s not forget, the proposals were dismissed by the European Council President, Donald Tusk, as falling below expectations’.

Key contentious areas in the UK government’s proposals include jurisdictional issues and dependants.

The UK government’s proposal that EU nationals’ rights should be overseen by a UK body or the Home Office is unlikely to be accepted by the EU member states. They believe that jurisdiction of EU rights should fall to the European Court of Justice.

Another contentious area for the member states will be around settled EU citizens and their family members. The proposal by the UK that EU citizens may continue to enjoy freedom of movement for their family members but this should fall under UK immigration rules after the cut-off date, is unlikely to be supported by the member states. Instead, they will prefer to see such rights continue indefinitely.

Conclusion

The announcement to respect EU citizen’s right to permanent residence in the UK is welcome. Yet, the proposals leave many unanswered questions and is unlikely to be the government’s final position as Brexit negotiations continue. The UK will need to resolve the possible contentious issues, of jurisdiction and dependant rights, with the European Council, to not only to provide clarity to EU nationals, but so it may agree reciprocal arrangements for UK nationals residing in the EU and begin trade talks.

 

Written by Carla Thomas – Managing Director at Thomas Chase immigration. Thomas Chase Immigration offer immigration solutions to businesses, individuals and families looking for friendly, straightforward advice.

Call to action

If you would like further guidance on the rights of EU citizens or assistance with an application for a permanent residence document, contact us at Thomas Chase Immigration to arrange a consultation. Or learn more about immigration from our blogs.

 

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Apply for an EEA Family Permit

Immigration advice

Applying for an EEA Family Permit is supposed to be straightforward. So it can be a shock to come when an applicant receives a letter from UK Visas & Immigration (UKVI) informing them that their application for an EEA Family Permit has been refused. In Part 1 of this series on EEA permits and residence cards, we look at the basics of EEA Family Permits.

Introduction

EEA Family Permits are issued under the Immigration (European Economic Area) Regulations 2016 and not the Immigration Rules. The permits allow overseas nationals from outside of the European Economic Area (EEA) to enter the United Kingdom (UK) and join their family member as long as they are the:

  • Family member of an EEA national, or
  • Extended family member of an EEA national

The EEA national must either:

  • Be in the UK already
  • Plan on travelling with you to the UK within 6 months of the date of your application

If the EEA national has been in the UK for more than 3 months they must either:

  • Be a ‘qualified person’ by working, looking for work, self-employed, studying or self-sufficient); or
  • Have a permanent right of residence in the UK

Without an EEA Family Permit, overseas nationals will find it very difficult to secure entry to the UK. The EEA Family Permit should also be used, rather than applying for a standard visit visa, where the overseas family member is seeking to visit the EEA Family member.

Family members

Family members of EEA nationals are set out in Part 7 of the EEA Regulations as:

  • Spouses or civil partners
  • Direct descendants of the EEA national or their spouse/ civil partner under 21
  • Dependent direct descendants of the EEA national or their spouse/ civil partner 21 and over
  • Dependent direct relatives in the ascending line, for example parents and grandparents of the EEA national or their spouse / civil partner

Extended Family Members

Extended family members are defined under Part 8 of the EEA Regulations and include siblings, aunts, uncles, cousins, nephews and nieces.

Non EEA, overseas family members must demonstrate they are dependent on the EEA national or are a member of their household, or have a serious health condition and rely on them for their care.

Unmarried partners fall within this category also and must show that they are in a lasting relationship with the EEA national.

Cost

EEA Family Permit applications are free. Regardless, time, effort and care should be taken when preparing the application to avoid delays or worse still, a refusal.

Documents

It is imperative that the required documents are provided in support of the application for an EEA Family Permit.

Whilst not an exhaustive list, documents to be submitted include:

  • Current and valid passport
  • Evidence of the overseas national’s relationship to the EEA family member. Such documents will depend on the nature of the relationship and may include, for example:
    • Marriage certificate or civil partnership certificate
    • Birth certificate
    • Proof that you’ve lived together for 2 years if unmarried
  • Family member’s current and valid passport or national identity card (or a certified copy)
  • Proof of your dependency if you’re dependent on your EEA family member

It is important to demonstrate that the EEA national is lawfully in the UK and that they have either permanent residence or, where they have been in the UK for over 3 months, that they are exercising their Treaty rights.

Additional documents to be submitted, may include:

  • Evidence of employment such as an employment contract, wage slips or a letter from an employer
  • Evidence of self-employed, such as contracts, invoices or audited accounts with bank statements and confirmation of paying tax and National Insurance
  • Proof of studying by way of a letter from the school, college or university
  • Evidence of financially independent such as bank statements

Where the EEA family member is studying or financially self-sufficient, evidence of their comprehensive sickness insurance should also be provided.

Original or certified copies must be submitted and supported by certified translations, where appropriate.

Location

EEA family permits may be obtained from any overseas visa issuing post. As such, the overseas national does not need to be lawfully or normally resident in the country where they are applying form, unlike applications under the Immigration Rules. The overseas family member may be asked to attend an interview if the Entry Clearance Officer, considering the application, has strong grounds for doing so.

Length

The EEA Family Permit is valid for 6 months and is meant to facilitate their entry to the UK. On the expiry of the permit, and following the overseas family member’s arrival, the overseas family member may continue to reside in the UK, as long as they continue to meet the EEA Regulations. That said, many overseas family members of EEA nationals find it advantageous to apply for a Residence Card to prove their status in the UK, especially to potential employers.

The situation is different for extended family members of EEA nationals, who must obtain a Residence Card following the expiry of an EEA family permit or they will be considered an overstayer.

Conclusion

In our other blog, we look at the top reasons for a refusal of EEA Family Permits and how to avoid adverse decisions.

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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.

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Brexit: Retained Rights of Residence

“Brexit: Retained Rights of Residence” is locked Brexit: Retained Rights of Residence

Brexit remains a hot topic for European nationals and with good reason. The UK government has announced a time frame of March 2017 for the start of formal negotiations to leave the European Union. Many European nationals are eager to know how, and to what extent, their current rights to work and reside in the UK will be protected. But what of non-EEA family members whose circumstances have change? Here we look at the Retained Rights of Residence provisions and the documents that need to be gathered and submitted to support an application to UK Visas and Immigration.

Background

The Immigration (European Economic Area) Regulations 2006, later replaced by the Immigration (European Economic Area) Regulations 2016,  sets out the rights of nationals, of the European Economic Area (EEA) and Switzerland, and their family members to enter and reside in the UK.

In order to first enter the UK, the non-EEA family member of sponsoring EEA national must apply for an EEA family permit. The exception is where the non-EEA family member holds a qualifying EEA State residence card issued in Germany or Estonia or already holds a residence permit or permanent residence card.

Once in the UK, non-EEA family members can find themselves in a vulnerable position if their circumstances change and they do not yet have permanent residence. With Brexit looming, it has become crucial than ever for such individuals protect their status.

Retained Rights of Residence categories

Regulation 10 allows EEA nationals family members that are from outside the EEA retain their right of residence in the UK if:

  • The EEA national:
    • Is deceased – regulation 10(2)
    • Leaves the UK – regulation 10(3)
    • Parent of a child who retains the right of residence: regulation 10(4)
    • Divorces their spouse or dissolves their civil partnership – regulation 10(5)
  • The family member is the parent of a child who retains the right of residence – regulation 10(4)

Regulation 10 only applies on or after 30 April 2006 and cannot be applied if the circumstances happened before that date. For example, if a person married an EEA national and subsequently divorced them before 30 April 2006 they would not be entitled to retain the right to reside.

Below we look at what each of the categories mean and list some of the key documents that must be submitted to UK Visas and Immigration when applying for retained rights of residence.

Death of the EEA national sponsor: regulation 10(2)

If the sponsoring EEA national has died, their non-EEA national family members may retain a right of residence. To do so, the following circumstances must be in place:

  • The EEA national died on or after 30 April 2006 and was a qualified person or had a right of permanent residence when they died
  • the applicant was living in the UK for at least one year immediately before the EEA national’s death as:
    • a family member of the EEA national qualified person, or
    • an EEA national with a permanent right of residence.
  • The EEA national was a worker, self-employed person, or self-sufficient person; or
  • The non-EEA national family member is carrying out activities similar to that of a qualified person and is a worker, self-employed or a self-sufficient person.

Where the non-EEA family member is a student, they must demonstrate that they are self-sufficient to fall within the provisions of regulation 10(2).

Documents

The evidence that a non-EEA family member will need to submit with their application are:

  • A valid passport
  • A valid passport or EEA ID card of the EEA national to evidence their nationality
  • Evidence of their genuine relationship to the EEA national
  • The EEA national’s death certificate
  • Evidence that the EEA national was exercising free movement rights at the time of their death
  • Evidence of the non-EEA family member’s residence in the UK for at least one year immediately before the EEA national’s death
  • That they are a worker, self-employed person or self-sufficient person or the family member of such a person
  • Where applicable, evidence of the child being educated in the UK immediately prior to the EEA national ‘s death
  • Documents showing the child’s continuing education in the UK, for example a letter from the child’s school
  • The child’s or children’s identity documents and birth certificate

The above is not an exhaustive list and will need to be tailored to the individual circumstances of the individuals.

Leaves the UK – regulation 10(3)

A non-EEA national spouse or civil partner will lose their right of residence if the sponsoring EEA-national leaves the UK while they are still married or in a civil partnership. This is because they can no longer be viewed as a ‘qualified person’ exercising free movement or Treaty rights.

Where this happens, the non-EEA family member will need to demonstrate that they instead fall under fall one of the other provisions of regulation 10.

The exception is where the family member of a direct descendant of the EEA national.

Documents

Below is a guide to the documents that need to be gathered and submitted with the application.

  • A valid passport evidencing nationality.
  • Evidence of their relationship to the EEA national.
  • Proof that the EEA national has left the UK, if applicable. This can be in the form of a declaration
  • Evidence that the EEA national was exercising free movement rights prior to leaving the UK
  • Evidence of the child being educated in the UK immediately prior to the EEA national leaving the UK
  • Documents showing the child’s continuing education in the UK, for example a letter from the child’s school
  • The child’s or children’s identity documents and birth certificate.

The above is not an exhaustive list and will need to be tailored to the individual circumstances of the individuals.

Parent of a child who retains the right of residence: regulation 10(4)

A non-EEA family member who is the parent of a child or children of an EEA national may retain a right of residence until the child reaches the age of 21.

It is possible for the non-EEA family member to continue their residence beyond the child 21st birthday if the child has, for instance, a severe physical or mental disability and the non-EEA national’s assistance will allow that child to continue with their education in the UK.

Documents

The evidence that a non-EEA family member will need to submit with their application for retained rights are:

  • A valid passport
  • 2 colour passport sized photographs for each person
  • Birth certificate evidencing the relationship of the non-EEA and EEA national to the child or children
  • The child’s or children’s evidence of identity
  • Evidence of the non-EEA national’s relationship to the EEA national
  • Their relationship to the EEA national
  • Their custody of the child, if appropriate. For instance, a letter that has been officially sworn by a solicitor confirming that the parent has custody.

The above is not an exhaustive list and will need to be tailored to the individual circumstances of the individuals.

Divorces their spouse or dissolves their civil partnership – regulation 10(5)

Separation

Where there has been a separation, the non-EEA national will continue to be a family member with the right to reside in the UK, as long as the sponsoring EEA national continues to exercise free movement rights in the UK, or has acquired permanent residence.

Rights of residence continues until:

  • The divorce is finalised and a decree absolute is issued
  • The marriage is annulled or
  • The civil partnership is dissolved

Once the above papers have been issued, the non-EEA national’s right of residence will come to an end.

Divorce

Most of the queries I receive on retained rights of residence are from individuals whose marriage or civil partnership to the sponsoring EEA national has officially ended.

Where the relationship ends in divorce, the non-EEA spouse or civil partner will lose their right of residence if:

  • The EEA national leaves the UK while they are still married or in a civil partnership. This is because they can no longer be viewed as a ‘qualified person’), and
  • the non-EEA national does not qualify for a retained right of residence under any other part of regulation 10.

Conditions of Regulation 10(5)

To avoid this, the non-EEA spouse or civil partner, and anyone who was related to the EEA national sponsor by marriage or civil partnership, must meet the conditions of regulation 10(5) in order to retain a right of residence in the UK. Those conditions are that:

  • The non-EEA national has been married to, or in a civil partnership with, the EEA national for at least three years immediately before beginning proceedings for divorce, annulment or dissolution; and
  • Has lived in the UK with the EEA national sponsor for at least one year during the time of their marriage or civil partnership.

Documents

The evidence that a non-EEA family member will need to submit with their application for retained rights are:

  • A valid passport for the non-EEA national
  • For the sponsoring EEA national evidence of their nationality, which must be a valid passport or EEA ID card
  • 2 colour passport sized photographs
  • Evidence that the marriage or civil partnership lasting for at least three years immediately before the initiation of proceedings for divorce, annulment or dissolution
  • Evidence of the non-EEA family member and EEA national’s residence in the UK for at least one year during the marriage
  • Evidence of the termination of the non-EEA national’s relationship with the EEA national on or after 30 April 2006. This could be a:
    • Decree absolute
    • Decree of annulment
    • Certificate of dissolution
  • Proof that the EEA family member had permanent residence or had been a ‘qualified person’ (i.e. a worker, student, self-employed person, self-sufficient person or someone looking for work) in the UK

The above is not an exhaustive list and will need to be tailored to the individual circumstances of the individuals.

Other factors

It is important to satisfy the conditions under regulation 10 otherwise the application for retained rights of residence may not only be refused, but their registration certificate or residence card may also be revoked.

Under the Free Movement of Persons Directive 2004/38/EC family members who have a retained right of residence do so ‘exclusively on a personal basis’. In practice, this means that the non-EEA family member cannot be the sponsor for another family member.

In their published guidance, UKVI states the following by way of an example:

‘…if a non-EEA national with a retained right of residence gets married to another non-EEA national, her new husband will not have any rights under the regulations. Her new husband would only be able to enter or remain in the UK if he qualifies under the Immigration Rules’.

It is possible for non-EEA national family members of British citizens (Surinder Singh cases) to continue to remain in the UK. However, this is beyond the scope of this article and will be covered in a separate article.

Conclusion

Non-EEA family members of EEA nationals may continue to reside in the UK under certain circumstances. The circumstances are limited and do require a significant amount of documentation to be submitted along with the application for retained rights of residence.