BREXIT – Necessary Measures for EU Nationals

Brexit is singularly the most important issue in the UK right now. Following the EU referendum and the decision of the UK Supreme Court in R (Miller & Dos Santos) v Secretary of State for Exiting the European Union, the UK Government are more determined than ever before to expedite the process of the UK leaving the EU.

Effects on EU Nationals

Although, there are no immediate effects, the future for EU Nationals and their family members is uncertain at present. The UK Government have not provided any definitive alternative to the current immigration system in place. As a result, this has led to misunderstandings, misinterpretations and a failure to appreciate the legal consequences of Brexit on the immigration status of EU Nationals and their family members.

The difficulty this poses for EU Nationals and family members is that when the UK Government formally exit the European Union, there will require to be a process by which EU Nationals and their family members will be issued with permission to stay in terms of the UK law.

Therefore, our advice is that EU Nationals take the necessary measures to apply for confirmation of a right of residence immediately and without delay to assist them in the future.

We can advise on applications for Registration Certificates and Documents Certifying Permanent Residence.

To qualify for a Registration Certificate, EU Nationals will require to show that they are currently exercising Treaty Rights. This can be demonstrated through either of the following:

• Part-time or full time employment
• Self-Employment
• Looking for work in the UK (jobseeker)
• Studying in the UK and holding comprehensive sickness insurance
• Being self-sufficient and holding comprehensive sickness insurance

To qualify for a Document Certifying Permanent Residence, EU Nationals will require to show they have exercised Treaty Rights for a continuous period of 5 years. This can be through one or a combination of the criteria above.

We have significant experience in dealing with all types of EU applications.

Brexit Consultation

The rules and regulations surrounding such EU applications can be complex. We offer an initial consultation in our office or via telephone for only £200 plus VAT. The consultation will allow us an opportunity to assess your circumstances and advise you on your full range of options. If you wish for a written summary of our advice following the initial consultation, the total fee is £300 plus VAT. We are also able to prepare and submit such applications on your behalf for a competitive fixed fee.

The Home Office fee for such applications is currently £65 but may be subject to review from time to time. The current processing time for such applications varies between 3 – 6 months. Usually, such applications require a valid ID Card or Passport to be submitted with the application. However, EU Nationals can arrange for an official copy of their passport to be taken by specified local authorities rather than submitting their physical Passports.