Permanent residence University of Reading

Transcription

1 Permanent residence University of Reading 15 February 2017 Alex Russell, Principal Associate

2 Agenda for today o Brexit the implications o Permanent residence Acquisition Eligibility requirements Application process o Practical tips o Questions

3 Brexit means Brexit o Recent developments o The current status of EEA nationals o Possible future developments o Actions EEA nationals should consider Confirming permanent residence Registration certificates Naturalisation

4 Permanent residence overview

5 Overview o Relevant for EEA nationals and third country nationals o Settled status few restrictions on stay in UK o Acquired automatically on meeting relevant conditions o PR application confirms (rather than grants) status Residence Card (TCNs) Certification of Permanent Residence (EEA nationals)

6 Acquisition o EEA nationals acquire PR after residing legally in the UK for a continuous period of 5 years o Family members who have resided legally with EEA national for same period also acquire PR

7 Family members o Primary family members o Durable partners o Other family members

8 Residing legally o EEA nationals have initial right of residence for 3 months o Right of residence beyond 3 months if qualified person Worker (which includes jobseekers) Self-employed Student Self-sufficient person

9 Residing legally o Can use a mix of qualified person categories to cover 5 year period

10 Continuous residence o Continuity broken by periods of absence from UK exceeding 6 months in total in any year o But continuity not broken by Periods of absence from the UK on military service Any one absence not exceeding 12 months for important reason such as pregnancy/childbirth, serious illness, study or vocational training, overseas posting, or other important reasons.

11 Evidencing continuous residence o Documents in support (see EEA(PR) guidance notes) Previous EEA residence documents Bank statements Council tax / utility bills Mortgage statements Tenancy agreements

12 The general loss rule o PR lost by absence from the UK of more than 2 consecutive years o Revocation on grounds of public policy, public security, public health, or abuse of rights o More flexibility with naturalisation

13 Qualifying person categories

14 1. Worker employed work o What activities constitute employed work? Genuine and effective activities of economic value Part-time work counts, including where income supplemented by benefits Activities must not be on such a small scale as to be marginal and ancillary

15 1. Worker minimum earnings o Minimum earnings threshold Primary Earnings Threshold (point where employees pay class 1 NICs) currently 155 per week Not compulsory, but uphill battle if not met

16 1. Worker jobseeker requirements o What is required for jobseekers? Evidence of seeking employment and genuine chance of being engaged o Submit as much evidence as possible

17 1. Worker temporary work cessation o Temporarily unable to work due to illness or accident Not time limited but must not be permanent Reasonable prospect of returning to work o Pregnancy If cease work due to physical constraints of late stage pregnancy or birth aftermath will retain worker status if return to work within reasonable period after birth

18 1. Worker temporary work cessation o Involuntary unemployment after having been employed Registered as job seeker and evidence of seeking employment and genuine chance of being engaged, or Embarked on vocational training o Voluntarily ceased working and embarked on vocational training related to previous employment

19 2. Student key requirements o Enrolled student o Comprehensive sickness insurance (CSI) cover o Not a burden on social assistance system of UK o Students who work part-time may be able to count as workers (so CSI not required)

20 2. Student - CSI o Medical insurance that covers inpatient, outpatient and emergency treatment o Provide Comprehensive insurance policy document EHIC (issued by another member state) Forms for reimbursement of medical treatment for certain individuals (eg, S1, S2 or S3)

21 2. Student CSI o A common problem o Prior to 20 June 2011 students were not required to have CSI o All family members required to have had CSI in place from 22 June 2015

22 3. Self-employed key requirements o Genuine and effective economic activities o Bears risk for success or failure of work o Paid directly o HMRC guidance on employment status o Minimum earnings threshold

23 3. Self-employed cessation o Status retained only where temporarily unable to pursue activity as the result of illness or accident

24 4. Self-sufficient - overview o Consider if not employed, self-employed or studying o But note requirements CSI cover in UK (for each family member) Sufficient resources not to become a burden

25 4. Self-sufficient - CSI o Medical insurance that covers inpatient, outpatient and emergency treatment o Provide Comprehensive insurance policy document EHIC (issued by another member state) Forms for reimbursement of medical treatment for certain individuals (eg, S1, S2 or S3)

26 Acquiring PR early o Can acquire PR early in limited circumstances Retirement Permanent incapacity to work Family members of a worker of self employed person who dies o Detailed requirements apply

27 A8 nationals, Romania and Bulgaria o Additional restrictions applied on accession o Full compliance with additional restrictions required

28 Application process

29 Application process o Form EEA(PR) 85 page postal application form Online form (and some recent changes) o European passport return service for online forms o Original documentation to be provided in support o Treat guidance notes as a starting point o Modernised Guidance

30 Application process o 65 fee for each person included in application o Timeframe 6 months for Residence Cards ASAP for documents certifying permanent residence No Premium Service option o Passports and ID cards o Biometrics for TCNs

31 Relevance for naturalisation o Rules changed on 12 November 2015 PR card / certification of PR must be submitted for naturalisation applications o Beware of impact of naturalisation on EU freedom of movement rights o Naturalisation absence thresholds different from permanent residence absence thresholds

32 Practical tips o Retain original evidence of Qualified status eg, payslips, P60s, tax returns, invoices/bank statements, CSI, evidence of studies Relationship/dependency All travel outside the UK eg, flight tickets, receipts

33 Registration certificates o If not acquired PR, consider applying for a Registration Certificate (Form EEA(QP))

34 Helpful documents o Application form and guidance notes o Modernised Guidance o GOV.UK website o Nationality Instructions for naturalisation

35 Questions

36 T +(0) Offices: o Birmingham o Cambridge o Leeds o London o Manchester o Norwich Mills & Reeve LLP is a limited liability partnership authorised and regulated by the Solicitors Regulation Authority and registered in England and Wales with registered number OC Its registered office is at Mills & Reeve LLP, Monument Place, 24 Monument Street, London, EC35 8AJ, which is the London office of Mills & Reeve LLP. A list of members may be inspected at any of the LLP s offices. The term partner is used to refer to a member of Mills & Reeve LLP. The contents of this document are copyright Mills & Reeve LLP. All rights reserved. This document contains general advice and comments only and therefore specific legal advice should be taken before reliance is placed upon it in any particular circumstances. Where hyperlinks are provided to third party websites, Mills & Reeve LLP is not responsible for the content of such sites.