The EU nationals currently residing in the UK are not affected by the Brexit vote. The rights of residence under the Treaty are still in force and there is yet nothing to worry about. The heated negotiations between the David Davis and Michel Barnier are still ongoing in relation to the terms of the exit, but both, EU and UK have shown willingness to protect EU citizens in the UK and UK citizens in the EU.
CURRENT POSITION OF EU NATIONALS IN THE UK
In summary, the agreement reached on EU nationals and their families is:
5 YEARS RESIDENCE – EU nationals that have been ‘lawfully’ and continuously residing in the UK for 5 years prior 29 March 2019, will be able to stay indefinitely by applying for ‘settled status’. This means that you will be free to live in the UK, have access to public funds and services. You will also be eligible to naturalise as British citizen.
0-4 YEARS RESIDENCE – EU nationals that not been ‘lawfully’ and continuously in the UK for 5 years prior to 29 March 2019, will be able to apply for a temporary status to remain in the UK until they reach the 5 years residency threshold and subsequently apply for settled status.
FAMILY MEMBERS – Family members who are currently residing in the UK with EU citizens will be able to apply for settled status after ‘lawful’ and continuous 5 years residence. Close family members will be able to join EU citizens after the exit.
The UK government has encouraged EU citizens currently residing in the UK to apply for a permanent residence as soon possible due to the large number of applications submitted to the government department so called the Home Office. A permanent residence document confirms that you have lawfully resided in the UK continuously for 5 years. The permanent residence document will need to be exchanged for a settled status following the exit without any Home Office fee.
HOW WE CAN HELP
If you require advice and assistance whether you qualify and meet the requirements for permanent residence and wish to apply for a permanent residence document, please contact our immigration specialist team for a free initial consultation.
