ASTON UNIVERSITY Free Movement in the UK & Brexit. Shuabe Shabudin 13 October 2017

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1 ASTON UNIVERSITY Free Movement in the UK & Brexit Shuabe Shabudin 13 October 2017

2 Agenda Brexit what might happen? How to apply Your options Eligibility criteria Applications that can be made

3 Brexit EU referendum 23 June 2016 UK voted to leave EU Government now needs to trigger Article 50 (March 17) No change until then or during negotiation period Uncertainty around longer term free movement (to and from UK) Uncertainty around rights of those already in UK Key point for negotiation with EU and likely dependant upon reciprocal arrangements with member states Surge in applications from EEA nationals

4 What do we know? All EU citizens will need to make an application for an immigration status in UK law. EU citizens residing in the UK before the specified date who: have or will have acquired 5 years continuous residence will be eligible to apply for settled status; or have not acquired five years continuous residence in the UK will be allowed to stay in the UK until they reach the five year point. Family dependants who join a qualifying EU citizen in the UK before the UK s exit will be able to apply for settled status after five years.

5 What is meant by settled status EU citizens need to have been in the UK before the specified date and to have resided in the UK for 5 years before applying. Indefinite leave to remain pursuant to the Immigration Act Residence document. EU citizens who arrive after the specified date will be allowed to remain in the UK for at least a temporary period but should have no expectation of guaranteed settled status.

6 Leaked Home Office document The leaked Home Office document suggests the following may be implemented: Phased withdrawal End free movement in its current form EU nationals will be required to show their passports when they come to the UK. Distinction will be made between highly-skilled and lower skilled occupations. Tougher regime to restrict residency. Income threshold may be introduced for some EU citizens before they are allowed to reside here.

7 What are the options? Should you do anything and if so when? Uncertainty as to the future No real need for documentation before now Risk of rule changes (e.g documentation for citizenship) / transitional arrangements Wise to secure position as far as can as soon as possible EEA Registration certificate / Residence card Permanent residence British citizenship

8 What about my family? The rights of a spouse, a child or other qualifying family member of an EEA national generally depend on the rights of the EEA national. Such individuals will have virtually the same rights to enter, reside in and remain in the UK as that EEA national provided (subject to some exceptions) they remain a family member and the EEA national is still in the UK exercising treaty rights. spouses and civil partners some direct relatives some extended family members

9 Your document options 0-3mths National ID card / passport EEA Family Permit (entry of non-eea family member) 3mths + EEA Registration Certificate (EEA national) Residence Card (non-eea family member) 5 yrs Document Certifying Permanent Residence (EEA) Permanent Residence Card (non-eea family member) 6 yrs British passport

10 EEA Registration Certificates EEA nationals can seek this if they: are a qualified person (QP); are the family member of another EEA national who is a QP or has permanent residence in UK; or have retained a right of residence in the UK. This document confirms the holder s right to reside in the UK, as opposed to conferring that right If have spent less than 5 years in UK, strongly advised to apply for this as soon as possible

11 What is a QP? You re usually qualified if you re an EEA citizen and you re working, studying, self-employed, self-sufficient, looking for work You must provide proof that you re a QP, such as: Proof of employment Proof of previous employment Proof of studies Proof of comprehensive sickness insurance cover in UK (self-sufficient / student)

12 Residence Card Non-EEA national equivalent of EEA registration certificate Not mandatory and, with limited exceptions, confirms rather than confers rights Applicant must be resident in the UK on application Issued to non-eea nationals who: Are the family member of an EEA national who: Is a QP; or Has a right of permanent residence; or have retained a right of residence Again, if in UK for less than 5 years, strongly advised to apply for this as soon as possible

13 How to apply for a Registration Certificate or Residence Card From 1 February 2017 Home Office EEA application forms must be used New online service launched 1 October 16 for EEA (QP) and access to passport return service (but restrictions on students / selfsufficient applicants doing so) Ensure that the correct fee is paid 65 per applicant If applying as student or self-sufficient person, don t forget evidence of comprehensive sickness insurance Supporting evidence needed (e.g. evidence of being QP / relationship with QP) Non-EEA nationals required to provide biometric information

14 How to apply for a Registration Certificate or Residence Card Decisions should be issued as soon as possible and within 6 months of application being submitted (you can challenge the Home Office if they fail to do so) Resident card applicants will be issued with Certificate of Application (COA) Confirms holder has applied for residence card and application not yet decided Short COA confirms receipt of application, not holder s right to work Long COA confirms receipt of application and holder s freedom to take up employment in UK pending receipt of residence card

15 Permanent Residence What is it? EEA nationals will automatically acquire PR after 'residing legally' in the UK for a continuous period of 5 years (as can family members who have resided legally with them in the UK) 'residing legally = 'in accordance with Immigration (European Economic Area) Regulations 2006 Don t need to have EEA registration certificate to apply Certain absences from UK can break 5-year period PR can be lost by absence from the UK of more than 2 consecutive years Holder has no restrictions on their stay in the UK

16 Permanent residence How to apply No requirement to document but now need to before can seek citizenship Document certifying permanent residence (EEA) / permanent residence card (non-eea) If eligible, strongly advised to apply now Form EEA (PR) postal application (compulsory from 1 February 2017) Online service now available for EEA nationals Ensure that the correct fee is paid ( 65 per applicant) Provide biometric information if non-eea national Will need to evidence having acquired right

17 British Citizenship What do I get? Best way to secure status in UK (regardless of Brexit outcome) Can apply once settled (i.e. have PR) Benefits: Permanent right of abode (not lost by absence) Not subject to immigration control British passport Right to vote in general elections Can only be deprived of citizenship in very limited circumstances

18 General Eligibility Requirements 18 years or over Not broken immigration laws Of good character Criteria Indefinite leave to remain / permanent residence in UK Continue to live in the UK Knowledge of English and life in the UK

19 Residence requirements 6 year route Lived in UK legally for past 5 years Intend to stay in UK No more than 450 days absence from UK Can document permanent residence No more than 90 days absence from UK in last year ILR / PR in UK for last 12 months

20 Residence requirements 3 year marital route Lived in UK for last 3 years No more than 90 days absence from UK in last year No more than 270 days absence from UK

21 Process Three ways to apply: make an individual application using Form AN use the Nationality Checking Service use an agent or representative Pay the relevant fee 1282 for adults / 973 for children under 18 Provide biometric information Costs at the Post Office or Visa Application Centre Citizenship ceremony and oath of allegiance

22 Questions

23 Immigration Team Euan Smith (Partner) Joanne Hennessy (Senior Associate) Shuabe Shabudin (Solicitor)

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