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EEA Nationals & Brexit

Brexit and its Impact on EU Citizens
Living and Working in the UK

On the 24th of June 2016, the majority of the UK voters decided to leave the European Union. This has given rise to much confusion especially amongst the European nationals who currently live and work in the UK. 

At present, the current UK laws regarding European citizens coming to the UK remain the same, i.e. those from the EEA/EU countries are still able to visit, live and work in the UK, without restrictions. This is likely to be the case for some time, even now Article 50 has been triggered, as there will be many more months/years of negotiations between the Member States of the European Union and the UK government. 

It is, however, advisable that certifications/formal documentations from the Home Office, (as explained below), are applied for and obtained as soon as possible, so as to confirm you and your families’ rights to live, work and remain in the UK. 
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The current Law on European Citizens already living in the UK, and those intending to come to the UK

If you are a European Economic Area (EEA) national, you automatically have the right to live, work and study in the UK. 

Countries included in the EEA are: 
Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, the Republic of Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the UK. 

* Note: Nationals of Switzerland, Bulgaria and Romania also have the same rights as EEA nationals.

First Stage: EEA Family Permit

If you are a Non EEA/EU Citizen, and you are not currently residing in the UK, but are a Family member of an EU Citizen who is currently residing in the UK, an EEA Family Permit is the first type of EEA/EU application you would need to apply for in order to enter the UK. 
 
An EEA Family Permit is a form of entry clearance to the UK and is designed to make movement around the Member States easier for non-EEA family members.

EEA Family Permit holders are able to enter, live and work in the UK, on the basis of them being a dependent of a citizen of the European Economic Area (EEA).

An EEA family permit is valid for 6 months. You can leave and enter the UK as many times as you need within that time. It is advisable to submit an application for a Residence Card, however, in order to be able to legally remain in the UK. See below for more details. 

Second Stage: Residence Card and Registration Certificate

Once in the UK, the EEA family permit holder can apply to confirm their right of residence under European Law by applying for a Residence Card. 

The EEA/EU citizen is also advised to apply for a Registration Certificate confirming their right of residence because they are “exercising their Treaty Rights” while they are living in the UK. In order to remain in the UK, the EEA national must have exercised their treaty rights through employment, self-employment, self-sufficiency or study.

How long is it valid until?: The Residence Card/Registration Certificate is usually valid for 5 years. 

Third Stage: Permanent Residency

After you have lived in the UK for a continuous period of 5 years with your EEA or Swiss national family member, you and your EEA family member may apply for Permanent Residence.

The EEA/EU national does not need to apply for a Permanent Residency Card since this is an automatic right. However, for naturalisation purposes, this document is required by the Home Office, as failure to provide this will result in the application being rejected. 

Other EEA Applications

Retained Rights of Residence: 
The regulations also provide for certain family members of EEA nationals to keep their right of residence in the UK in circumstances when the EEA national:

● has passed away; or
● leaves the UK; or
● divorces their spouse or dissolves their civil partnership
● the family member is the parent of a child who retains the right of residence

The family member will retain the right to reside in these circumstances if they can satisfy the relevant conditions.
 
I have advised and assisted many EU nationals and their family members with submitting any of the above-mentioned applications. I have a record of high success rate and I offer competitive rates to suit your budget and needs. Call  me ow on 0203 302 6864 and 07761 308 670, or complete the enquiry form, to discuss your case further.

Who are the “Family Members” of an EEA National?

The European laws' definition of a family member includes spouses, civil partners, partners in a durable relationship, (cohabited for at least 2 years), and children under 21 years old. 

It may also be possible to bring dependent parents, grandparents and extended family such as siblings and cousins to live in the UK, although where the EEA national is a student they may only be joined by their partner and dependent children.
If you are an EEA national living in the UK, and/or you have family members who you would like to join you permanently in the UK, I can help you. 

I offer affordable, fixed-fee rates, payable in instalments, and I work fast- I can have your application/s and supporting documents ready for submission within 2-7 working days. 
 
Call Melanie Now on 020 3302 6864 and 07761 308 670 for your FREE assessment of your case.

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