Brexit Negotiations Update: UK and EU reach a sticking point over EEA Residence Rights and Settled Status

The fourth round of recent Brexit Negotiations between the United Kingdom (UK) and European Union (EU) has now concluded. Whilst there are some promising signs for EEA nationals holding valid residence documents in the UK. There are still areas of uncertainty for EEA nationals and their family members who have not secured a valid residence document in the UK. Therefore it is recommended that EEA nationals and their family members act fast and seek specialist immigration advice on securing their future in the UK.

Brexit Negotiations Update: Latest on the EEA Settled Status document

In recent Brexit negotiations, the EU has called for an improved system allowing EEA nationals to apply for the new Settled Status document before the UK‘s withdrawal from the EU. In response, the UK has promised a new streamlined cost-effective process for EEA nationals to convert their residence document into a Settled Status Document.

The UK has promised a “Streamlined process and reduced or no costs for current holders of permanent residence documents to exchange for updated UK documentation. This will simply entail verification of ID, a criminality check and confirmation of ongoing residence, in recognition of the fact that they have already been through a process assessing their qualifying residence period.”

In addition to this, the EU has also demanded the UK to consider EEA nationals living and working in the UK as legal residents regardless whether they hold a residence document. However, there is still uncertainty about whether the EU and UK will come to an agreement on this particular point as the UK has remained silent and seems to have overlooked this point in recent Brexit Negotiations. Throughout the Brexit Negotiations, the EU has remained focused on getting clear and assured answers from the UK in relation to the residence rights for EEA nationals currently exercising their Treaty Rights in the UK.

Brexit Negotiations Update: Who can apply for EEA Settled Status document?

It is becoming very clear from recent Brexit Negotiations that EEA nationals who currently hold a valid residence document in the UK will benefit from the proposed new streamlined process in applying for an EEA Settled Status document. In theory, this process should be a quick transition from the EEA Permanent Residence document into the EEA Settled Status document. However, it is not clear what the new process entails and what costs it may involve. The next round of Brexit Negotiations is likely to include more information on the logistics behind the EEA Settled Status document.

EEA nationals and their family members who have not acquired Permanent Residence documents in the UK should be concerned as their future remains unclear. The UK Government has failed to clarify their stance on whether these individuals will also be permitted to apply for a EEA Settled Status document or would they need to regularise their status in the UK under the Immigration Rules and not the favourable EEA Regulations.

Brexit Negotiations Update: The Future for EEA Family Reunification Post Brexit

The UK and EU have also failed to make progress on the family reunification rights for EEA Nationals and as a result, it remains uncertain on what the future holds for EEA families following the fourth round of Brexit Negotiations. The EU is demanding similar family reunification rights for EEA nationals post Brexit. It is highly unlikely for the UK Goverment to come to an agreement with the EU on this point in the near future. British politician David Davis has recently suggested that EU nationals will not be given favourable treatment post-Brexit and they should not be treated any differently to British Citizens. If this were the case, family reunification applications would have to be made under the Immigration Rules and not EEA Regulations. Family reunification applications under the Immigration Rules can be challenging as there are stricter requirements to be satisfied.

Using Legal Representation for EEA Settled Status following Brexit Negotiations

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with making a UK Visa application following Brexit Negotiations. Our solicitors and Barristers will help you comply with the UK Home Office Immigration Rules and requirements and meet the UK Immigration Rules.

Caseworkers at the UK Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Home Office Immigration Rules. Our Solicitors and Barristers are always up to date with Brexit Negotiations and can advise on complex EEA legal problems.

Successful UK Immigration Applications for EEA Settled Status following Brexit Negotiations

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interests and are aware of recent Brexit Negotiations. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a UK Immigration & Visa application before your application even reaches the UK Home Office Visa & Immigration department. We can assist you with the preparation and submission of a UK Immigration & Visa application and ensure that you meet all the requirements of the relevant rules.

Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a UK Immigration & Visa application.

Contact our London immigration solicitors on 02071830570 or complete our contact form

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