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Sector Insights

Brexit: immigration update

26.06.2017 Immigration , Business Immigration

Alan Platt

Alan Platt Director of Immigration

On 26 June 2017 the Government published the above document containing details of its proposals to the European Union on the position of EU nationals living in the United Kingdom. The document seeks to clarify the position of those nationals and how going forward, they will be permitted to remain.

“The United Kingdom’s exit from the European Union: safeguarding the position of EU Citizens living in the United Kingdom and UK nationals living in the EU.”

The document suggests that EU nationals who have resided in the UK for more than five years at “the specified date” (which will be set later in negotiations with the EU, but no earlier than 29 March 2017 and no later than the date we formally leave the EU), will be able to apply for settled status under the UK Immigration Rules with minimal formality.

EU nationals who have resided in the UK for less than five years at the “specified date” will be able to apply for temporary status under UK Immigration Rules and this will allow them to continue to live and work here, and to accrue the required five years residency needed to meet the settled status requirement.
The position of EU nationals who come to the UK after the “specified date” has not been clarified, although there is a suggestion that they will be able to remain for a temporary period and be granted settled status.

In essence, the document does provide much needed assurances to EU nationals already residing in the United Kingdom and to British Citizens residing in the European Union, although we should be mindful that the contents of the document are all to be negotiated between the UK Government and the European Union.

In the short-term, until the conclusion of Brexit, EU nationals and their foreign family members can apply for Residence Permits and Permanent Residency in the UK under the EU Regulations. Whilst there is no requirement to make these applications, according to information contained in the UK Government’s document, doing so would place on record with the Home Office that the applicants are currently exercising an EU Treaty Right in the UK, which might be helpful in the future. For those able now to obtain Permanent Residency under the European Regulations, placing an application will give them the possibility of becoming a British Citizen via naturalisation.

Alan Platt and Marta Mendiondo at Ince Gordon Dadds have considerable experience dealing with complex European Union immigration matters and are happy to advise both individuals and employers on the position going forward towards the United Kingdom’s final Brexit from EU.

Article authors:

Alan Platt