EU Nationals - understand your post-brexit status

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1 EU Nationals - understand your post-brexit status 13/2/2017

2 Registration certificate Apply as a qualified person You re usually qualified if you re a citizen of a European Economic Area country and you re one of the following: working studying self-employed self-sufficient looking for work

3 Registration certificate You can : apply online download and fill in the EEA (QP) form and send it to the address on the form - include the fee and the supporting documents apply in person at a premium service centre - bring your completed form and supporting documents

4 Registration certificate You can t apply online if you re a student or self-sufficient person and you re either: reliant on a family member for financial support financially responsible for any other family members

5 Premium service centre Most applications are processed on the same day if you bring all the information needed to your appointment. Your application may take longer if extra checks are needed. Choose which premium service centre you want to visit gov.uk Book an appointment in advance. Pay the fee online when you book.

6 Permanent residence You automatically have permanent residence status (the permanent right to reside ) if you ve lived in the UK for 5 years as a qualified person. You get permanent residence in less than 5 years in certain situations - for example, if you have to stop working or you retire early.

7 Permanent residence You must normally have lived in the UK for a continuous period of five years as: an EEA national qualified person worker self-employed self-sufficient with comprehensive sickness insurance student with comprehensive health insurance Jobseeker a family member or extended family member of an EEA national qualified person or permanent resident

8 Permanent residence You get permanent residence immediately if you have to stop working permanently ( permanent incapacity ) because of either: an accident or illness, and your husband, wife or civil partner is a British citizen a work-related accident or illness that means you re entitled to a UK pension

9 You automatically get permanent residence status in less than 5 years in certain situations. If you ve lived continuously in the UK for 2 years you get permanent residence if you have to stop working or being self-employed because of an accident or illness (known as permanent incapacity ). You must be working or self-employed when you stop working.

10 You automatically get permanent residence status in less than 5 years in certain situations If you ve lived continuously in the UK for 3 years, you get permanent residence when you: reach State Pension age - you must have been self-employed or worked continuously in the UK for 1 year beforehand retire early - you must have worked continuously in the UK for 1 year beforehand

11 Permanent residency You can apply online for a permanent residence document if you re from the EEA. You can also add close or extended family members to your application. You can t use this service if you re a student or self-sufficient person and you re either: reliant on a family member for financial support financially responsible for any other family members Apply using form EEA (PR) if you can t apply online.

12 The European passport return service Take your passports to a participating LA for verification and copying. You can use this service if you are an EEA and you have applied online for a registration certificate or a document certifying permanent residence. You can also include any family members who you have included in your online application. The European passport return service can only be used to verify passports.

13 Permanent residency If you re applying on the basis of 5 years continuous residence, the evidence must cover the 5- year period. The documents should be spread evenly throughout the 5 years and come from a variety of sources (at least 2 documents for each year of residence).

14 Comprehensive sickness insurance (students and self-sufficient persons) One of the following: Schedule or other document from a private medical insurance provider outlining the level of cover. This must have covered you for the majority of risks while in the UK. Valid European Health Insurance Card (EHIC) issued by an EEA Member State (not the UK) (but not enough for benefits!) Comprehensive sickness insurance does not include cash-back health schemes, travel insurance policies, or access to the UK s National Health Service (NHS).

15 Permanent residency You should not spend periods of more than two years outside the UK as this may lead to the loss of permanent residency even if you have a permanent residency document.

16 Settled status Crown copyright The content is available under the Open Government Licence v3.0

17 Agreement on rights for EU citizens and their families The offer is expected to be extended to resident citizens of Norway, Iceland, Lichtenstein and Switzerland living in the UK. Irish citizens won t have to apply for settled status Common Travel Area

18 Applying for settled status You will need to: submit valid application online prove 5 years of continuous and lawful residence in the UK. Home Office will use existing government data e.g. HMRC s employment records provide an ID and a recent photograph declare any criminal convictions Pay the fee - no more than the cost of a UK passport. simple errors or omissions Home Office will contact you to help you fix it or will let you know if you need to provide more evidence, before a decision is made.

19 Applying for settled status You won t have to: account for every trip you ve taken out of the UK show evidence that you held comprehensive sickness insurance (this is a discretionary policy) give your fingerprints

20 Applying for settled status You will be granted status, unless: you weren t lawfully resident in the UK by 29 March 2019 you re refused on the grounds of your serious criminal convictions or for security reasons Those who apply before Brexit will have a right to an administrative review and beyond that, appeal Those who apply after, will have a right to an administrative review and beyond that, appeal. There is no right of appeal if an application is invalid, including if evidence is missing. But you can supply evidence with an appeal & make it valid.

21 Applying for settled status Family members who are living with, or join, EU citizens in the UK by 29 March 2019 will be able to apply for settled status, usually after 5 years in the UK. Close family members (spouses, civil and unmarried partners, dependent children and grandchildren, and dependent parents and grandparents) will be able to join EU citizens after exit, where the relationship existed on 29 March 2019.

22 Permanent residence vs settled status A permanent residence document confirms that you have rights under European law. After the Brexit, EU law will no longer apply and the migration and status of EU nationals will be subject to UK law. There will be a simple process for you to exchange this for a settled status document free of charge and the Home Office say they won t repeat any assessment of residence. You will need to: provide an identity document and a recent photograph confirm you still live in the UK declare any criminal convictions

23 Permanent residency or settled status If you intend to apply for British citizenship continue with your permanent residence application. If you do not have a straightforward application for a document certifying permanent residence - wait for the new system.

24 EU citizens who arrive in the UK after EU exit If you arrive in the UK after 29 March 2019, there will be a period of time where you can still live, work and study here, with a registration system. This implementation period is still subject to negotiations with the EU and details of the immigration arrangements have not yet been agreed.

25 Naturalisation There are different ways to become a British citizen: registration naturalisation Naturalisation is not an entitlement. The Home Secretary may exercise discretion to naturalise you only if you satisfy a number of statutory requirements

26 Naturalisation You can only use your permanent residence document to apply for British citizenship after you ve lived in the UK for 6 years. That means you must wait another 12 months if you ve only lived in the UK for 5 years when you get your document. But you can apply immediately if: you ve already lived in the UK for 6 years when you get your document your husband, wife or civil partner is a British citizen

27 Naturalisation you re 18 or over If your spouse is a British citizen you re of sound mind, you re able to think and make decisions for yourself you re of good character you ve met the knowledge of English and life in the UK requirements you ve been granted permanent residence if you re an EEA national you ll continue to live in the UK lived in the UK for at least the 5 years before the date of your application lived in the UK for at least the 3 years before your application is received spent no more than 450 days outside the UK in those 5 years spent no more than 270 days outside the UK in those 3 years spent no more than 90 days outside the UK in the last 12 months had permanent residence status for the last 12 months if you re a citizen of an EEA country not broken any immigration laws while in the UK

28 Life in the UK You ll have 45 minutes to answer 24 questions about British traditions and customs. You don t need to take the test if you: are under 18 or over 65 have a long-term physical or mental condition have passed it before

29 English You can prove it by having either: an English qualification at B1, B2, C1 or C2 level a degree taught or researched in English Home Office will only accept an English language qualification that is on the Home Office s list of approved tests. This must be taken at a Home Office approved test centre. gov.uk

30 Exemption from the knowledge of language and Life in the UK requirement If you are aged 65 or over or have a long term physical or mental condition Only if your condition prevents you permanently from meeting this requirement Home Office would consider an exemption. Temporary illnesses, such as depression or stress, would not normally be grounds for exemption. You will need to provide evidence from your doctor or medical professional.

31 Good character You must give details of all criminal convictions both within and outside the United Kingdom If you have been declared bankrupt at any time you must give details of the bankruptcy proceedings. You must say if there is any offence for which you may go to court or which is awaiting hearing in court. This includes having been arrested for an offence and waiting to hear if you will be formally charged. You must say whether you have had any involvement in terrorism or in any crimes in the course of armed conflict, including crimes against humanity, war crimes or genocide.

32 National Checking Service Wandsworth Register Office can accept and send your British citizenship paper application to the Home Office. They will make sure that your application is correctly completed. They will not be able to give you citizenship or passport advice. Wandsworth Register Office Phone: They can accept citizenship and British passport applications at the same time. In this case, you can use the Nationality Document Return Service (instead of NCS), but you must apply for citizenship online.

33 The Office of the Immigration Services Commissioner OISC

34 After you ve applied You ll get a letter confirming your application, but this may take a few weeks. You must also provide your biometric information (fingerprints and a photo). The Home Office will tell you when you need to provide your biometric information. A decision about your application will usually be made within 6 months.

35 Citizenship ceremonies During the ceremony you ll have to make an oath of allegiance (or you can make an affirmation if you prefer not to swear by God) and a pledge. This means you ll promise to respect the rights, freedoms and laws of the UK. At the end of the ceremony you ll be presented with your certificate of British citizenship and a welcome pack.

36 British passport You must have a British passport to enter the UK Apply: Online By post Post Office Check and Send service

37 Questions?

38 Free, confidential advice. Whoever you are. Citizens Advice Wandsworth Battersea Library 265 Lavender Hill LONDON SW11 1JB Citizens Advice is an operating name of The National Association of Citizens Advice Bureaux. Registered charity number

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