December 2018

EU Nationals – now

and after Brexit

The EU advice service can help you with:

• Understanding your options as the UK prepares to leave the EU

• Providing information regarding Settled Status

• Finding answers about residence and British Citizenship

• Understanding your entitlement to live, work and receive services and benefits as an EU national

We may provide translators if you need advice in your own language.

EU Advice Service at CAW

Citizens Advice Wandsworth website: www.cawandsworth.org Search for EU Advice Service

• Visit FAQ section

• Fill in online contact form Or call our Adviceline: 0300 330 1169 (Mon-Fri 10am – 4pm)

How to contact us

CAW plans to hold outreach information sessions for community groups in Wandsworth. We welcome your suggestions to arrange on-site presentations. We are looking for volunteers to help us with:

• Translations • Promotion to EU communities • Admin Tasks • Working with clients on Adviceline (additional training

provided)

CAW community engagement

What we cover here • Background

• Settled status scheme

• Pilot scheme

• How to apply for settled status

• Permanent residence

• Family members

• “Right to reside”

• British citizenship

• Further information

• Questions

UK voted to leave EU on 23rd June, 2016

What does this mean?

• Brexit Day: The UK plans to leave the EU on 29th March 2019

• Transition period: 30th March 2019 until 31st December 2020 – no change to rights

• Deadline to register for settled status or pre settled status is 30th June 2021.

What do I need to do ? Starting now applications will become available under the EU

settlement scheme:

• Phased introduction

• Settled status

– Guarantees your rights as now

– Equivalent to permanent residence and indefinite leave to remain

• Pre-settled status

– Pathway to settled status

Who will apply for settled status? All EU Nationals will be required to apply for either settled status or pre-settled status by 30 June 2021 (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous

residence in the UK (less in some circumstances)

• It doesn’t matter what you have been doing during your time in the UK

• Within the five years you can have absences as long as they are no more than six months a year with exceptions, eg childbirth

What is needed to apply for settled status

All applications for settled status will need:

• Proof of identity (currently passport or identity card)

• Proof of residence in the UK for five years

• Declaration of criminal convictions

£65 per adult and £32.50 per child under 16

Current pilot project also requires

• Android phone or tablet

• Biometric passport of identity card

Settled status: who can apply now? From Thursday 29th November 2018 Pilot Project You must be either: • a resident EU citizen with a valid biometric passport

• the non-EU citizen family member of an EU citizen and you have a biometric residence card

You must also either be:

• working in the higher education, health or social care sectors

• a child under the age of 18 being looked after by one of the local authorities involved in the pilot receiving support from one of the community organisations involved in the pilot

This pilot ends on 22nd December 2018

Applying on Android device • Download the app from the Playstore or equivalent:

EU Exit: ID Document Check

Introduction to the app

What you get with settled status

What evidence will be needed to show UK residence?

The Home Office say that they will help you prove continuous residence, including using HMRC records.

Current examples of preferred evidence include :

– Annual bank statements

– business accounts

– Dated letters from employers confirming employment period

– P60s

– Letters from education institutions confirming your attendance

– Letters from care homes confirming residence

– Mortgage or tenancy statements

– Council tax bills

Alternative evidence can also be used if necessary

If you have less than 5 years’ residence

You are not eligible for settled status if you have lived in the UK less than five years

– You should still apply for status via the app when you are eligible

– You will receive “Pre-settled status” which will automatically be eligible to transfer to settled status once you have lived in the UK for 5 years

What is the difference between settled status and pre-settled status?

The main differences are:

• You could keep settled status with up to five years outside the UK

• You keep pre-settled status with up to two years outside the UK

• Children born to people with settled status are British citizens

• Children born to people with pre-settled status are eligible for pre-settled status

Settled status with less than 5 years

As with Permanent Residence, some people and their family members will be eligible for settled status with less than five years’ residence, for example:

• You work or are self-employed in the UK and you stop work to take early retirement or at state pension age

• You work or are self-employed and you stop work due to permanent incapacity.

Current UK offer to EU citizens

Arrangements for citizens of Norway, Iceland, Liechtenstein and Switzerland have not been confirmed but are likely to be very similar

Do I need to act now, or later? No one who is in the UK as an EU national needs to take action now. If you do wish to make an application now (& you can’t apply to the EU settlement scheme yet) then you can apply for: • Registration certificate as a “qualified person” but not essential

unless you are an “extended family member” of an EU National • Permanent Residence Card only if eligible – generally 5 years

residence whilst exercising Treaty Rights • Otherwise if you have indefinite leave to remain, you could

apply for a biometric residence permit in order to have an updated document.

Permanent residence

You must normally have lived in the UK for a continuous period of five years as:

• an EEA national ‘qualified person’

worker (including ‘retained’ status) OR

self-employed (including ‘retained’ status) OR

self-sufficient with comprehensive sickness insurance OR

self-sufficient student with comprehensive health insurance OR

Jobseeker

• a family member or extended family member of an EEA national qualified person or permanent resident.

Permanent residence in less than 5 years

• Some people can apply for permanent residence with less than 5 years in the UK if they meet certain conditions.

– For example, you may be able to get PR sooner if you

are unable to work due to a permanent incapacity, or

you have retired.

Family members who are not EU nationals

Non-EU family members will be able to:

• Apply for settled status if they meet the conditions OR

• Apply for pre-settled status if they are the family member of a legal resident or a person with settled status/permanent residence, & they start living here before 31st December 2020

• Close family members can join EU citizens later, if the relationship existed on 31st December 2020

Transition period & deadlines

• The transition period runs from 30th March 2019 until 31st

December 2020. This is subject to the Withdrawal Agreement

being accepted

• During this time EU nationals can continue to come to the UK

• All EU nationals have until 30th June 2021 to apply for pre-

settled or settled status (after this date if you’re joining a family

member with settled status)

• During the period up to 30th June 2021 your rights will be

protected. As long as you apply by the deadline, you can stay

until a decision is made

What does “right to reside” mean?

• a test whether an EU National has a right to claim benefits or get help with housing from the council

• A right to reside means that you are exercising Treaty rights (for example, working, having PR, or being here as a family member of someone exercising Treaty rights)

• rights to benefits for people with settled and pre-settled status will be the same as they are now

Becoming a British citizen Why? - The right to vote in general elections - You do not lose citizenship even if you are

away for many years - British passport - Children born abroad will be British citizens

Why not? • Some countries do not allow dual citizenship It is difficult: • Life in the UK test • English language test • Showing good character • Expense: currently £1,300 to apply

How to become a British citizen

After one year’s residence in UK with either

• Settled status

• Permanent residence

• Indefinite Leave to remain

You can apply for British citizenship by naturalisation Check whether your home country allows dual citizenship

Government services for immigration applications

Nationality Checking Service - not available from 31st December 2018

• Can check paper completed forms for British citizenship, & certify your documents so you can keep them. Book an appointment online (wandsworth.gov.uk)

This service (& another service which allowed you to keep documents

whilst applying for citizenship online) are being replaced by the new

UK Visa & Citizenship Application Service

Online applications will be encouraged.

European passport return service

• If you’re applying for PR they can certify your passport so that you can keep it and send your application to the Home Office eprs@wandsworth.gov.uk.

Finding out more • More information on your rights now and in the future can be

found at:

www.eucitizensrightscampaign.gov.uk or www.gov.uk/settled-status-eu-citizens-families

A summary of information on who can apply during the pilot phases

• www.gov.uk/government/collections/eu-settlement-scheme-pilot-applicant-information

Sign up for Citizens Advice updates:

http://eepurl.com/doiiyD

Browse our Frequently Asked Questions

https://cawandsworth.org/advice-eu-citizens-wandsworth/

Getting help To ask questions about the pilot scheme, eg whether you’re entitled

• https://eu-settled-status-enquiries.service.gov.uk/start

The Department for Exiting the European Union has its own pages on gov.uk if you want to follow the negotiations

You can sign up for government email updates

https://www.gov.uk/government/policies/brexit/email-signup

Use the Citizens Advice Wandsworth online form:

https://cawandsworth.org/advice-eu-citizens-wandsworth/advice-eu-citizens-contact-form/

Office of the Immigration Services Commissioner (OISC)

Citizens Advice advisers can advise at OISC Level 1. Most advice for EEA nationals & their family members is covered, but not:

• non-EEA nationals who are former family members of EEA nationals

• Derivative right of residence applications (these depend on someone else’s rights, eg a child)

• Any situation involving deportation

Questions?

www.cawandsworth.org

Citizens Advice is an operating name of The National Association of Citizens Advice Bureaux. Registered charity

number 279057.

Free, confidential advice. Whoever you are.

Citizens Advice Wandsworth Battersea Library 265 Lavender Hill LONDON SW11 1JB www.cawandsworth.org/advice-eu-citizens-wandsworth euadviceservice@cawandsworth.org

The information contained in this presentation is accurate as of 3rd December 2018. If you are looking at the presentation after this date, please seek current advice.