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Brexit

Brexit. & the options. For EEA nationals. James Walters. February 2017. OVERVIEW. What does Brexit mean for UK immigration and what might the government consider? What should EEA nationals be thinking about at this point? What can be done now to help? Myth busters!. What does Brexit.

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Brexit

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  1. Brexit & the options For EEA nationals James Walters February 2017

  2. OVERVIEW • What does Brexit mean for UK immigration and what might the government consider? • What should EEA nationals be thinking about at this point? • What can be done now to help? • Myth busters!

  3. What does Brexit Mean for uk immigration? • Article 50 of the Lisbon Treaty - the UK has up to two years to negotiate its exit from the EU • Following this, changes will be made to the UK’s immigration policy which will impact European Economic Area (EEA) nationals and their families in the UK

  4. What might the Government consider? • A regional visa program • Utilise Tier 3 of the current Points-based System (PBS) • A complete reformation of the PBS for both EEA and non-EEA nationals • The reintroduction of a Worker Regulation Scheme for EEA nationals • OR the introduction of something completely different!

  5. European economic area • Who is included in the EEA? Austria, Belgium, Bulgaria, Croatia*, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, the Republic of Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland or the UK. *Croatians have different arrangements in place

  6. How can I prepare? Think Ahead! Don’t rush into an application Await clarification – stay up to date Consider family members and their UK status Where appropriate make an application for a Registration Certificate, Permanent Residence (PR) or British Citizenship

  7. What can I do? In short EEA nationals can take the necessary steps to secure their status in the UK regardless of the eventual outcome of Brexit. This may be by way of: Registration Certificate Permanent Residence full British Citizenship Important! In order to apply for British Citizenship, it is now necessary for EEA nationals to first obtain Permanent Residence in the UK and receive confirmation of such via official endorsement.

  8. Registration certificate A Registration Certificate is a document which confirms that you are from the EEA and are undertaking one of the following in the UK: • studying • working • self-sufficient • self employed • job Seeker EEA family members are also able to apply for a Residence Card if their EEA national is carrying out any of the above activities.

  9. Registration Certificate - Why apply? Can make it easier to claim certain benefits and services (although EEA citizens are not eligible for all!) Demonstrates that you are in the UK on a specific date and exercising Treaty Rights It is not currently a requirement to have a Registration Certificate, however this may change

  10. Registration certificate Application process Six months processing time from the point of submission to the UK Authorities when applying by post, alternatively an application can be made in person You must submit your original current passport or National ID Card with the application An application form should be completed and supporting evidence provided to show your residency/exercising of a treaty right in the UK

  11. Permanent Residence • KEY APPLICATION REQUIREMENTS • You have been continuously resident in the UK for no less than five years • You have been exercising Treaty Rights during this full five year period. • During periods of study or self-sufficiency you have held comprehensive health insurance

  12. Permanent Residence (PR) REQUIREMENTS You will be eligible to apply on the fifth anniversary of the qualifying period commencement Although there is no strict rule as to how many days you are permitted to be absent, no single absence should be more than six months FAMILY MEMBERS If your family member(s) wish to apply for PR they must also meet the five years’ continuous residence requirement They need not show they have been ‘exercising treaty rights’, but the EEA national is still required to do so

  13. Permanent Residence Up to six months from the point of submission to the UK Authorities You must submit your original current passport or National ID Card with the application Completed application form is required in conjunction with supporting evidence to show your residency/exercising of a treaty right in the UK for the required period There is the option to request original documents to be returned, including passports However, the return period of 20 – 30 working days is liable to change and expected to be much higher THE PROCESS

  14. Proceeding to British citizenship Once PR is achieved, you must wait 12 months before applying for Citizenship unless you are married to a British Citizen You will be deemed to have PR in the UK once you have exercised Treaty Rights for 5 years. If you have been in the UK for more than 5 years, you can use the subsequent period towards the 12 month period for citizenship • Example: Ted Jones arrived in the UK and started work on 1st August 2008. He was deemed a ‘permanent resident’ of the UK as of 1st August 2013 and is able to apply for British Citizenship from 1st August 2014 BUT he is required to apply for confirmation of PR before applying for British Citizenship.

  15. British Citizenship Key requirements You meet the English language requirement You have passed the Life in the UK test You must intend to make the UK your main home You must be of good character, primarily demonstrated by a lack of criminal convictions You have been resident in the UK for no less than five years (three years if married to a British Citizen)

  16. British Citizenship Key requirements continued… You must not have been in breach of Immigration Rules during the five years’ residence period. On the date of application for Citizenship, absences outside the UK must not exceed 450 whole days across the past five years and 90 whole days in the most recent year. There is some flexibility around this in certain circumstances.

  17. EEA Children permanentResidence Children under 21 can apply as the dependants of a parent. citizenship Any applicants over 18 years of age must qualify for Citizenship in their own right. Children under 18 years of age will be able to apply concurrently with their parents.

  18. British Citizenship vs. Permanent residence

  19. EEA - I’ve Heard… Myth vs. fact

  20. EEA – what I’ve Heard... Myth vs. fact

  21. Questions? James Walters Director james.walters@smithstonewalters.com +44 (0) 208 461 6660 21

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