Prime Minister Theresa May is going to trigger the article 50 on Wednesday 29 March 2017. The Brexit process has caused uncertainty amongst EEA nationals in regard to their immigration position in the UK and resulted in a significant number of EEA nationals seeking to make applications for permanent residence to secure their position in the UK. Our experienced solicitors will guide you through the process of applying for Permanent Residence document and the requirement of the application.
Brexit Article 50: what does it mean for EEA nationals?
Recent Brexit news that the Prime Minister Theresa May is going to trigger Article 50 on Wednesday next week have caused even bigger uncertainty amongst EEA nationals living in the UK. Our immigration solicitors have received numerous enquiries regarding the future of EEA nationals in the UK after triggering Article 50 and formal beginning of Brexit procedures. We have received enquiries from EEA nationals who have lived in the UK for a period of less than 5 years, therefore not qualifying for applying for Permanent Residence document as yet. These individuals might consider other options in order to secure their position in the UK.
One thing to keep in mind though, is that the UK Home Office has been receiving a lot of applications of this kind lately in light of Brexit. Furthermore, the Home Office imposes strict rules on what kind of specified evidence should be provided. Therefore, it is important to get your application right the first time to avoid unnecessary delays, especially in such times of uncertainty. Our experience immigration team can assist you in collating the specified documents and preparing the application for you such that is has the highest change of success. Before you even think twice, you should always seek legal advice and act swiftly if there are anything that you are unsure about.
Brexit Immigration Strategy: Options for EEA nationals
All in all, the position with Brexit is still unclear but it should not stop EEA nationals from devising an immigration strategy. If you are an EEA national currently in the UK, and you wish to live and/or work in the UK in the near future, you may want to take the following actions as part of an immigration strategy and to obtain documentation that proves your rights in the UK.
Registration Certificate – Apply for a Registration Certificate as a “qualified person” exercising Treaty rights in the UK as an EU citizen. If you are working, studying, self-employed, self-sufficient or looking for work in the UK, you may be eligible to apply for a Registration Certification as a “qualified person”. The reason for applying for such a document is that you would have a safeguard and will be more likely be able to prove that you in fact have a right to live and work in the UK.
Permanent Residence – If you have been residing in the UK for 5 continuous years or above as an EEA national, you may be eligible for a Permanent Residence document. The Permanent Residence status under the EEA Regulations are very similar to the Indefinite Leave to Remain under the UK Immigration Rules. These statuses would entail that a person will be free from immigration control in the UK and will be free to live and work in the UK either permanently or indefinitely.
British citizenship – Once you have acquired Permanent Residence status for at least 12 months and have acquired a Permanent Residence card, you may then be eligible to apply for British citizenship. Please note that you do not necessarily have to have had the Permanent Residence card for 12 months in order to be eligible; there is a subtle difference between Permanent Residence status and holding a Permanent Residence card. Needless to say, if you do become a British citizen prior to any formal Brexit changes, it is unlikely that the changes in the future will affect you as you will no longer be considered as a “foreigner”.
How to make a successful Application for a Document Confirming Your Right to live in the UK
To make a successful Permanent Residence, Registration Certificate or Naturalisation application you must meet the Home Office’s requirements. It is important to note that the Home Office’s requirements are a set of rigorous rules. However, you should note that there are numerous ways you can satisfy these rules. It is imperative you obtain the correct guidance before submitting any visa and immigration application. The UK immigration rules are complex and so it’s advisable to seek legal advice to avoid refusal.
In our expert experience, we have assisted clients in the past who have assumed that they do not meet the requirements but once we explore their circumstances we discover they do meet the requirements. A common question we often come across is regarding the documents which have to be submitted as evidence of exercising Treaty Rights. The requirements may be satisfied through various different avenues such as salaried employment, self-employment or cash savings (self-sufficient). You may wish to contact us if you have any questions regarding any of the requirements.Successful visa and immigration applications for EEA nationals
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. 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 immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules.
We 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.
Contact our London immigration solicitors on 02071830570 or complete our contact form.