This article was posted on 21 June 2017, before the Government announced details of settled status for EU citizens in the UK.
Proposed Immigration Bill has considerable implications for EEA nationals in the UK
Brexit dominated the 2017 Queen’s Speech. Among the areas cited for government focus was immigration, with new policies to be introduced that will bring an end to free movement from the EU.
While specific details of a new immigration system are yet to be announced, they will centre on enabling control of immigration from Europe by making the status of EU nationals and family members subject to UK law.
Future EU applications
The Government’s focus on attracting the “brightest and best” will see new immigration provisions hit low-skilled EEA nationals’ eligibility to come and work in the UK. This mirrors the current Tier 2 visa scheme which is open only to skilled workers from outside Europe.
This would significantly impact UK sectors such as construction, retail and leisure where EU nationals comprise significant proposition of the workforce.
The effects are already being seen. Figures just released by the Oxford University’s Migration Observatory show a 35% fall in the number of national insurance numbers issued to nationals from eight central and eastern European countries – the lowest level since the ‘EU8’ countries joined the EU in 2003.
What does the Immigration Bill mean for EEA nationals currently in the UK?
Under the free movement agreement, there has been no requirement on EU citizens to formalise their immigration status in the UK.
But under new immigration provisions, this will change. EU nationals currently in the UK are seeking to secure their future now by applying for permanent residence or obtaining British citizenship where possible to continue living in the UK.
If you are an EU citizen and have worked in the UK for more than 5 years as a qualifying person, you could be eligible to apply and secure your status as a permanent UK resident.
If you have been in the UK fewer than 4 years and are ineligible for permanent residence, we can advise on the options available to you based on your specific circumstances.
What is permanent residence?
Permanent residence proves your right to live in the UK for the rest of your life.
There are no restrictions attached to your leave in the UK and you are free to enter and exit the country as you wish – provided you are not out of the country for more than 2 years, at which point permanent residence is lost.
Applying for permanent residence is a complex process. The number of documents you need to submit tends to confuse and deter people from pursuing an application.
Permanent residence also gives peace of mind to UK employers of EEA nationals. Under the new system, an EU passport will no longer suffice to prove an employee’s right to live and work in the UK. A document proving you are free from immigration control and lawfully in the UK will help meet your employers’ immigration compliance duties and satisfy as evidence of your right to live and work in the UK.
As part of your EEA permanent residence application, you are able to include your spouse, civil partner, children and other relatives if they are currently in the UK with you and are dependent on you, or part of your household, even if they are a non-EEA national.
Note that EEA citizens wishing to apply for British Citizenship must first hold UK permanent residence.
An application for permanent residence costs £65 (at August 2018). Home Office fees are subject to frequent change and you should check before sending in your application.
British citizenship
British Citizenship offers the highest level of security for eligible applicants.
Applicants have to meet the same requirements regardless of their nationality, except that EEA nationals must first hold permanent residence before they can apply to naturalise:
- You must have been in the UK for 6 or more years;
- During your time in the UK, you must have been exercising Treaty Rights e.g. working, self-employed, or a student,for example;
- You must meet the residence requirements which include an assessment of your absences from the UK and where you intend to live after making the application;
- You will need to pass the Life in the UK Test;
- You also need to pass an approved English Language Test – or have an approved degree from /be a national of a majority English speaking country;
- You must meet the “Good Character” guidance, for example no recent or serious criminal convictions, you must not be bankrupt, or associated with those considered to have “bad character”
View the most recent fees for naturalisation.
Once you’ve met all the requirements for naturalisation and obtained your naturalisation certificate, you will then be able to make an application for a British passport.
Call for free initial advice
While we await details of the new Immigration Bill and the new system that will control EU migration, the most pressing questions remain around the status of EU nationals currently in the UK.
We are leading advisers to EEA nationals seeking to secure their status in the UK. We can advise on the most appropriate settlement routes for your circumstances and those of your dependants and family members.
For a free initial discussion, please get in touch.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
