Brexit Deal or No Deal

Brexit no deal

As of today’s date, we do not yet know what Brexit means for the UK. The UK was due to leave the UK on 29 March 2019. and yet here we are. Let that sink in for a moment. A once politically stable country has now become the victims of party politics as its denizens watch on, feeling more and more powerless over a referendum vote that was supposed to make them feel empowered and optimistic.

And yet, the UK is still a fantastic place to live. So what other positives can we take away from this situation for European Union (EU) nationals and their family members living in the UK? And what is the EU Settlement Scheme?

Brexit deal

On 14 November 2018, the UK government reaffirmed, by way of its draft Withdrawal Agreement that EU nationals, and their family members, will continue to have a right of residence in the UK as of 30 March 2019, after the UK leaves the UK.

To add to the uncertainty, the UK’s withdrawal from the EU was extended until 12 April 2019.

To solidify their rights, and confirm the right to stay in the UK after 30 June 2021, European Economic Area (EEA) nationals and their family members must apply for continued residence to the new scheme. That is, the EU Settlement Scheme.

Under the EU Settlement Scheme, qualifying individuals will need to apply for pre-settled or settled status during a transitionary period that will end on 31 December 2020, though the deadline for such applications will end on 30 June 2021.

If a person applies for pre-settled status during the transitionary period, they may remain in the UK and apply for settled status after a period of continuous residence of 5 years.

Pre-settled status is important as it will allow EEA nationals and their qualifying family members to:

  • Work in the UK;
  • Access the National Health Service (NHS);
  • Enrol in education or continue studying;
  • Access public funds such as benefits and pensions, if you’re eligible for them; and
  • Travel in and out of the UK.

Prime Minister Theresa May had stated in her Brexit Statement, before the House of Commons, that no fee would be payable for pre-settled and settled status applications. In other words, the proposed fee of £65 have been scrapped.

However, if applications are free, it begs the question, how will the Home Office finance the large numbers of caseworkers needed to process the millions of applications in a timely and costly manner? Already there is concern that applicants can only use Home Office’s App on Android to prove their identity. Apple users will have to be patient or ‘borrow a friend’s phone’ according to the Home Office.

The exercise also seems excessive, as EEA nationals and their family members are having to switch their current residence certificates and certified permanent residence cards to pre-settled and settled status documents. Though, perhaps it is an exercise that will allow the Home Office to collect data and statistical evidence.

‘No deal’

Should the UK leave the EU in a ‘no-deal’ situation, EEA nationals and their family members will, according to the Government, continue to have a right of residence under the EU Settlement Scheme.

EEA nationals and their family members will have until 31 December 2020 to apply under the EU Settlement Scheme, to protect their status. Further details can be found here: https://www.gov.uk/government/publications/policy-paper-on-citizens-rights-in-the-event-of-a-no-deal-brexit.

That said, it is crucial to note that if there is a no-deal Brexit, only those who have been in the UK by 12 April 2019 may apply to the scheme for pre-settled status. This is correct as of today’s date.

In the event of a no deal Brexit, EEA nationals and their family members seeking entry to the UK will be subject to the UK’s stricter immigration laws. They will no longer have a right to enter the UK as per the EU regulations.

Indeed, the Government had said that in the event of a no-deal Brexit, and as such, the end of freedom of movement:

“EU citizens and their family members arriving in the UK will be admitted under UK immigration rules and will require permission (leave to enter or remain). Unlike EU free movement, this will not be a rights-based system so those who do not hold valid immigration permission to be in the UK will be here unlawfully and may be liable to enforcement action”.

The Government went on to say:

The details of the UK’s future skills-based immigration system are set out in a white paper published on 19 December 2018. It will take some time to implement this new system, and for EU citizens already resident in the UK to obtain their status under the EU Settlement Scheme. It is important that we allow sufficient time for granting status to resident EU citizens before we start to implement the new skills-based immigration system because until the resident population have been granted status, it will not be possible for employers, universities, landlords and others to distinguish between pre-exit residents who are eligible to remain in the UK on broadly the same terms as now, and later arrivals”.

Hence, the need for an interim arrangement until 31 December 2020. Though whether the Government and Home Office will be ready to implement the new system and processes by that time remains to be seen.

How will this affect you?

For those EEA nationals, and their family members that are already in the UK, it is highly advisable to apply for pre-settled status or settled status during the transitionary period, and certainly before any published deadlines. This will ensure that their UK rights of residency are protected.

For EEA nationals already in the UK, who are separated from their family members, now may be a good time to consider whether their non-European family members should apply for entry to join them in the UK.

What individuals should avoid doing is panicking! Easier said than done! But leaving the UK for more than six months to assess matters from afar, and then returning after Brexit, could have serious implications for EEA nationals and their families.

Similarly, leaving the UK and applying for entry clearance under a work visa or other category under the UK immigration rules may prove harmful to European nationals who have already invested a great deal to the UK, as it could re-set the individual’s continuous residence clock and status.

Conclusion

Brexit has led to uncertainty. Uncertainty about what Brexit is and what it means for the UK. There are also question marks as to whether there will be an agreed Brexit deal or not. Nevertheless, amongst the haze, some clarity has been provided. EEA nationals and their family members will have a continued right of residence under the EU Settlement Scheme. What individuals must avoid, is doing anything that may negatively impact their long term hopes.

UPDATED 3 April 2019.


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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Call to action

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.

Settled Status Scheme

Settled Status Scheme
The UK Government has set out their latest position on the settled status scheme, as it will apply to EEA nationals and their family members.

The statement rehashes much of the information provided by Prime Minister Theresa May on 26 June 2017, about the new ‘settled status’ and the Secretary of State for the Home Department, Sajid Javid on 22 June 2018.

The statement reads as follows:


The Home Office has been working to develop a new scheme which allows resident EU citizens and their family members to obtain the UK immigration status they will need in order to remain here permanently.

The EU Settlement Scheme will be fully open by 30 March next year. EU citizens and their family members will have until 30 June 2021 to apply, in line with the draft Withdrawal Agreement.

Testing is already underway. Since August, EU citizens working for a small number of NHS trusts and universities in the north west of England, and students at those universities, have been able to apply for status under the scheme.

A new phase of testing will begin next month. It will involve many more organisations across the UK, including higher education institutions and organisations in the wider health and social care sector. Testing the system with real applicants helps the Home Office ensure the new system operates effectively when it opens fully.

You do not need to do anything for now. EU citizens eligible to apply in the latest test phase will receive information from their employer.

Further information about the scheme can be found on GOV.UK.

 


What next?

At the risk of being repetitive, it must be stressed that if you are an EEA national, or family member, residing in the UK, nothing has changed. After all, the UK is still a Member State of the EU.

 

It can be beneficial to wait until the new settled status scheme has been fully rolled out and apply for recognition under that scheme.

 

Nevertheless, we are aware of many EEA nationals, and their family members, who have already resided in the UK for a significant amount of time, and who have submitted an application for certification of their permanent residence status in order to better meet the requirements to naturalise as British citizens.

 

Of course, time will be a major factor as applications will need to be submitted soon.

 

The key is to and seek advice and plan the best way forward for you and your family. We can arrange a telephone consultation should you wish to discuss your 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.

Call to action

Need straightforward immigration advice or guidance on the settled status scheme?

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

 

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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https://www.thomaschaseimmigration.com/top-10-qa-on-british-citizenship/

 

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EU Settled Status Latest

Settled Status
On 7 November 2017, the Home Office issued an update to EU nationals on the proposed EU settled status due to come into effect post Brexit. Read on…

____________________________________________________________________________________________

Dear Thomas Chase,

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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