Yesterday, a new 5 page ‘technical note’ from the Home Office and UK Visas and Immigration (UKVI) titled ‘Technical Note: Citizens’ Rights-Administrative Procedure in the UK’ (“EEA Settled Status Document”) was released which gives further details in regard to the new Settled Status for EEA nationals in the UK after Brexit. The new EEA Settled Status Document details three points; firstly it clarifies that the application process will be streamlined and easy to use, secondly it sets out the criteria for granting status and circumstances under which the EEA Settled Status application may be refused and thirdly in regard to the criminality of EEA nationals.
The New Post-Brexit EEA Settled Status Document
On 7 November 2017, a new EEA Settled Status Document was released by the Home Office and UKVI with regard to the new Settled Status for EEA nationals in the UK post-Brexit. The EEA Settled Status Document has provided further details relating to three points; the streamlined application process, the appeal process and the circumstances in relation to the criminality of EEA nationals.
Streamlined Application Process
The first part of the EEA Settled Status Document reiterates that the application process for Settled Status will be streamlined and easy to use. Importantly, the Home Office recognises that the current system in place for dealing with the processing of EEA Registration Certificates and EEA Permanent Residence Cards under Directive 2004/38 is not fit to deal with the situation after the UK has left the EU. Therefore, a new system will be implemented which will include new processes, technology, rules and support for EEA Settled Status Applicants.
If the Applicants Settled Status application is unsuccessful, then a statutory right of appeal will be given in line with current EEA rights through the Free Movement Directive and the Home Office is working on establishing an Administrative Review mechanism to quickly resolve any case working errors which may result in an application for Settled Status being refused.
Criminality of EEA Nationals
It is intended that it will be the responsibility of the EEA national to declare any criminal convictions, either in the UK or overseas, as is the current procedure for non-EEA nationals looking to make a UK visa application under the Immigration Rules. Similarly, whether or not an individual is deported will be subject to considerations such as the right to respect for private and family a life under Article 8 ECHR.
Current EEA Permanent Residence Applications
Under the current EEA Regulations which the UK is still bound by until after Brexit when free movement and subsequently the rules are likely change to change, EEA nationals and their family members can apply for EEA Permanent Residence in the UK who has been a ‘qualified person’ in the UK for a period of 5 years. After this period, EEA nationals and their family members may be eligible to apply for British citizenship after a further 12 months of being in the UK.
If you are an EEA national in the UK and you are unsure of your next steps in light of Brexit, contact LEXVISA Immigration Lawyers London in order to receive bespoke, expert advice on your situation and regularise your status in the UK.
Using Legal Representation to make a Visa Application under the new EEA Settled Status Document
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an application under the new EEA Settled Status Document.
Caseworkers at the 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 application under the new EEA Settled Status Document succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application under the new EEA Settled Status Document meets the requirements.
Successful Visa Applications under the new EEA Settled Status Document
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 application under the new EEA Settled Status Document before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your EEA Settled Status 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. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to a successful a successful application under the new EEA Settled Status Document. 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.