EU Immigration Briefing Session: Update and Workshop at the University of Salford 26 January 2018 Simon Kenny Principal Associate

Today’s Agenda Update on Brexit and immigration law Key advice regarding Brexit and immigration including how to make the on-line applications 3 What changed in 2017 a. At UK Visas and Immigration? b. Regarding the policy ? 4. Questions and Answers University of Salford EU Referendum Briefing

Brexit and Free Movement In view of the most recent agreement between the UK and European Commission, it is almost certain that free movement between EEA countries and the UK will end. The current arrangements will remain until departure, with an extension of at least two years likely after the UK leaves the European Union. “Settled Status” applications will be necessary for all EU citizens (other than Irish citizens) between 2019 and 2021. Nothing changes at present – EU rules about free movement are still in place. University of Salford EU Referendum Briefing

Brexit and Free Movement cont. Why obtain confirmation of the right to stay now? It is evidence of the right to live and work in the UK from a specific date (although an application for “settled status” may also be necessary after this). A cut-off date of 29th March 2019 has been agreed, beyond which rights will not be recognised, so establishing residence started before then is important. Evidence is likely to be needed of immigration status by organisations after Brexit – employers, banks, landlords – and is a requirement of applying for British citizenship. University of Salford EU Referendum Briefing

Free Movement Rights: Qualified EEA National Rights to Freely… Enter a Member State Remain in a Member State Temporarily Permanently Remain in a Member State No Need to be Qualified initial period of 3 months Permission to Remain Permanently depends on being Qualified for 5 years Ongoing Permission to Remain depends on being Qualified University of Salford EU Referendum Briefing

Free Movement Rights: Qualified EEA National Qualified Person Worker Self-Employed Student Job Seeker Self-Sufficient University of Salford EU Referendum Briefing

EEA Qualified Person (QP) application An EEA or Swiss citizen national who is in the UK as a worker, or an otherwise self- sufficient person, student or jobseeker. Application fee is £65 and application form EEA (QP) should be completed. University of Salford EU Referendum Briefing

EEA Qualified Person (QP) application (continued) If applying as a worker, need to show: 2 passport style photographs Proof of identify – a valid passport or national identity card Proof of employment – employer’s declaration, wage slips or bank statements If the latter, evidence should cover at least 3 months prior to the application date. University of Salford EU Referendum Briefing

EEA Permanent Residence (PR) application Must normally have lived in the UK for a continuous period of five years as: It is possible to use time spent in more than one category over the five year period. On-line applications and passport retention is now possible. a “qualified person” a family member or extended family member of a qualified person or permanent resident (a sponsor), or a former worker or self-employed person who has ceased activity in the UK but still retain your residence in the UK (e.g. after retirement) This is not an exhaustive list on the qualifications placed on a PR application – further information is found at https://www.gov.uk/government/publications/apply-for-a-document-certifying-permanent-residence-or-permanent-residence-card-form-eea-pr University of Salford EU Referendum Briefing

EEA Permanent Residence: Necessary Documents Applicants basing the qualification on employment will usually require: Application form EEA (PR) and £65 fee Valid passport or national identity card Confirmation of employment over the previous five years Two passport sized photographs of the main applicant In some cases, evidence of residence since the 5 years of employment which may include: Bank statements Telephone bills Council tax bills University of Salford EU Referendum Briefing

How To Apply Online https://visas-immigration.service.gov.uk/product/eea-qp https://visas-immigration.service.gov.uk/product/eea-pr University of Salford EU Referendum Briefing

British Citizenship This is a status which can only be removed in unusual circumstances. There may be an impact on holding existing citizenships alongside this status. Again, this list of qualifying criteria is not exhaustive and other qualifications are listed on the gov.uk site. For brevity, only the most relevant to the current presentation are listed here. University of Salford EU Referendum Briefing

Naturalisation as a British Citizen Requirement of an application include: Complete Form AN – by post or Nationality Checking Service More expensive and slower to process than EEA applications freedom from immigration restrictions for the previous year; five years’ prior residence; good character and passing Life and Language in the UK test. Again, this list of qualifying criteria is not exhaustive and other qualifications are listed on the gov.uk site. For brevity, only the most relevant to the current presentation are listed here. University of Salford EU Referendum Briefing

What changed in 2017? UK Visas and Immigration Applicants are encouraged not to apply at all at this stage and there is still some evidence of poor decisions, but: The on-line application process is quicker and more practical; The European Passport Return Service allows passports to be retained Reduced documentary requirements now apply; Extra resource for UKVI Waiting times are much reduced. University of Salford EU Referendum Briefing

The Government Offer to EEA Citizens We understand the following is the Government’s intention from 29th March 2019: - Free movement ends when the UK leaves the EU, but a “grace period” of 2 years or more will be introduced - Citizens of EEA countries must apply for settled status in the UK between September 2018 to March 2021, which will confirm their rights to stay within British immigration law - Those who arrive before 29th March 2019 but do not qualify for settlement at the end of the grace period, will have an opportunity to acquire this - Family members of EEA citizens who arrive after the specified date will need to qualify for residence within British immigration law University of Salford EU Referendum Briefing

The Government Offer to EEA Citizens - After the date of exit, British courts will decide the immigration rights of EEA citizens, rather than the European Court of Justice, but ECJ law will remain relevant and reference to this will still be possible - “Settled status” will involve a streamlined application with some of the EU Law requirements (such as comprehensive sickness insurance) no longer necessary - The rules regarding those arriving to work in the UK after exit are not yet defined and are under consideration, but may be restrictive and allow short-term work only. University of Salford EU Referendum Briefing

Next steps: What is likely to change? Confirmation of the precise terms for settlement and employment after Brexit Continued streamlining of the application process, with the latter partly informing what the policy will be Reaction to specific problems caused by whichever policy is introduced. This is not an exhaustive list on the qualifications placed on a PR application – further information is found at https://www.gov.uk/government/publications/apply-for-a-document-certifying-permanent-residence-or-permanent-residence-card-form-eea-pr University of Salford EU Referendum Briefing

Simon Kenny Principal Associate tel: +44 161 831 8226 SimonKenny@eversheds-sutherland.com 70 Great Bridgewater Street Manchester M1 5ES