The UK government has announced that the European Union (EU) has agreed unanimously to grant a Brexit extension until 31 January 2020. The extension will allow parliament to hold a general election. In light of this controversial announcement, interest in EU applications such as; EEA Permanent Residence, EEA Residence Card and EEA Settled Status has increased. EU nationals are urged to secure their rights in the UK prior to the UK’s formal departure.
EU update: EEA Residence Card
Unlike the Permanent Residence card, you do not need to wait a period of 5 years to apply. You can apply for this formal document which confirms your right to live in the UK under European Law as soon as you enter (subject to meeting the criteria). It is advised that you first apply for this document and then apply for the EEA Permanent (once you are eligible). There are a number of different routes to an EEA Residence Card. You can apply for an EEA Residence Card if you are a non-EEA national family member and your EEA family is exercising their treaty rights as a qualified person or must have permanent residence in the UK. Under the EEA regulations, a qualified person is someone who is in the UK working, self-sufficient, studying or currently searching for work. Family members can be split into two groups, you can either apply as a direct or extended family member. You will be considered as a direct family member if you are a spouse or civil partner of an EEA national, direct descendant of an EEA national or their spouse or Parents or grandparents of an EEA national are also considered as direct family members.
EU update: EEA Permanent Residence
An EEA Permanent Residence document is the equivalent Indefinite Leave to Remain (settled status).
An EEA Permanent Residence application is made under the EEA Regulations. Applicants can apply for an EEA Document Certifying Permanent Residence in the United Kingdom if they can satisfy the requirements listed below:
- You must be a national of an EEA country;
- You must be able to show that you are a qualified person under the EEA Regulations. This requirement can be fulfilled by showing the exercise of treaty rights or self-sufficiency;
- You must be able to provide evidence that you have been residing in the United Kingdom for a continuous period of 5 years; and
- You must not have excess absences from the United Kingdom unless there are exceptional and compelling circumstances surrounding the absences. It is possible to make submissions to the Home Office explaining the absences.
In some circumstances, Applicants will be required to show that they held comprehensive sickness insurance (students and self-sufficient persons).
EU update: Settled Status Document
The requirements for a Settled Status Document are almost identical to the EEA Permanent Residence requirements. The key distinction is that students and self-sufficient applicants are not required to provide evidence of comprehensive sickness insurance in the UK. Applicants are required to demonstrate that they are from an EU country and have been residing in the UK for a period of 5 consecutive years. Those who already have acquired an EEA Permanent Residence document are also advised to apply and have an automatic right of entitlement to apply for a Settled Status Document without having to meet any additional requirements.
Using Legal Representation to submit a successful application before Brexit
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for an EU application before Brexit. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules/EU Regulations.
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 EU 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 Immigration Rules/EU Regulations.
Successful applications before Brexit
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 prospects of submitting an EU application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an EU 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 to discuss an EU application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.