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

2. 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

3. 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

4. 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

5. 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

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

7. 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

8. 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

9. 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
University of Salford EU Referendum Briefing

10. 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

11. How To Apply Online
University of Salford EU Referendum Briefing

12. 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

13. 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

14. 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

15. 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 to March 2021, which will confirm their rights to stay within British immigration law
- Those who arrive before 29th March 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

16. 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

17. 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
University of Salford EU Referendum Briefing

18. Simon Kenny
Principal Associate
tel:
70 Great Bridgewater Street
Manchester
M1 5ES