13/3/2018

EU Nationals - understand your post-Brexit status

Do I need to act now, or later?

No one who is in the UK as an EU national needs to take action now. Nothing will change until the date of Brexit (29.3.19). The same applies to people who are family members of EU nationals. Optional actions to take now: • Apply for permanent residence if entitled (can be swapped later) • Apply to register as a qualified person (shouldn’t be needed & can’t be

swapped) • Apply for a family permit (can be useful & is essential for ‘extended’

family members).

Registration certificate

Apply as a ‘qualified person’ You’re usually qualified if you’re a citizen of a European Economic Area country and you’re one of the following: • working • Studying (and self-sufficient) • self-employed • self-sufficient • looking for work

Registration certificate

You can : apply online

download and fill in the EEA (QP) form and send it to the

address on the form - include the fee and the supporting documents

apply in person at a premium service centre - bring your completed form and supporting documents

Registration certificate

You can’t apply online if you’re a student or self-sufficient person and you’re either:

reliant on a family member for financial support

financially responsible for any other family members

Premium service centre

Most applications are processed on the same day if you bring all the information needed to your appointment. Your application may take longer if extra checks are needed. Choose which premium service centre you want to visit – gov.uk Book an appointment in advance. Pay the fee online when you book.

EU family members EU family members can: Apply for an EU family permit if outside the UK Apply for a residence card if you’re in the UK A residence card isn’t essential but can be helpful to help you re-enter the country more quickly if you’ve been travelling, to show employers you are allowed to work, and to prove you qualify for benefits and public services. If you are an extended family member you MUST apply for a residence card to have any rights. If you have derivative rights you can apply for a derivative right of residence card.

EU family/extended family Family members Extended family members

spouse/civil partner Partner in a ‘durable relationship’

Child, grandchild, great grandchild under 21

Other relative who is dependent on EU national (& was a dependent or part of the EU national’s household, outside the UK)

Dependent child, grandchild, great grandchild

Other relative who has serious health problems requiring the care of the EU national

Parent, grandparent or great-grandparent dependent on an EU national

For all the above you MUST have an EEA family permit, registration certificate or residence card.

Permanent residence

You automatically have permanent residence status (the ‘permanent right to reside’) if you’ve lived in the UK for 5 years as a ‘qualified person’. You get permanent residence in less than 5 years in certain situations - for example, if you have to stop working or you retire early.

Permanent residence You must normally have lived in the UK for a continuous period of five years as: • an EEA national ‘qualified person’ worker self-employed self-sufficient with comprehensive sickness insurance student with comprehensive health insurance Jobseeker

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

Permanent residence

You get permanent residence immediately if you have to stop working permanently (‘permanent incapacity’) because of either: an accident or illness, and your husband, wife or civil partner is a

British citizen a work-related accident or illness that means you’re entitled to a UK

pension

You automatically get permanent residence status in less than 5 years in certain situations

If you’ve lived continuously in the UK for 3 years, you get permanent residence when you: reach State Pension age - you must have been self-employed or worked

continuously in the UK for 1 year beforehand retire early - you must have worked continuously in the UK for 1 year

beforehand.

If you’ve lived continuously in the UK for 2 years you get permanent residence if you have to stop working or being self-employed because of an accident or illness (known as ‘permanent incapacity’). You must be working or self-employed when you stop working.

Permanent residency You can apply online for a permanent residence document if you’re from the EEA. You can also add close or extended family members to your application. You can’t use this service if you’re a student or self-sufficient person and you’re either: • reliant on a family member for financial support • financially responsible for any other family members Apply using form EEA (PR) if you can’t apply online.

The European passport return service

Take your passports to a participating LA (including Wandsworth) for verification and copying. You can use this service if you are an EEA national and you have applied online for a registration certificate or a document certifying permanent residence. You can also include any family members who you have included in your online application. The European passport return service can only be used to verify passports.

Permanent residency

If you’re applying on the basis of 5 years’ continuous residence, the evidence must cover the 5- year period. The documents should be spread evenly throughout the 5 years and come from a variety of sources (at least 2 documents for each year of residence).

Comprehensive sickness insurance (students and self-sufficient persons)

One of the following: Schedule or other document from a private medical insurance provider

outlining the level of cover. This must have covered you for the majority of risks while in the UK.

Valid European Health Insurance Card (EHIC) issued by an EEA Member State (not the UK) (but not enough for benefits!)

Comprehensive sickness insurance does not include cash-back health schemes, travel insurance policies, or access to the UK’s National Health Service (NHS).

Permanent residency

You should not spend periods of more than two years outside the UK as this may lead to the loss of permanent residency even if you have a permanent residency document.

Settled status

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Agreement on rights for EU citizens and their families

The offer is expected to be extended to resident citizens of Norway, Iceland, Lichtenstein and Switzerland living in the UK. Irish citizens won’t have to apply for settled status – Common Travel Area

Applying for settled status You will need to: submit valid application online prove 5 years of continuous and lawful residence in the UK. Home

Office will use existing government data e.g. HMRC’s employment records

provide an ID and a recent photograph declare any criminal convictions Pay the fee - no more than the cost of a UK passport. simple errors or omissions – Home Office will contact you to help you

fix it or will let you know if you need to provide more evidence, before a decision is made.

Applying for settled status

You won’t have to: account for every trip you’ve taken out of the UK show evidence that you held comprehensive sickness insurance

(this is a discretionary policy) give your fingerprints

Applying for settled status

You will be granted status, unless: you weren’t lawfully resident in the UK by 29 March 2019 you’re refused on the grounds of your serious criminal

convictions or for security reasons Those who apply for PR before Brexit may be able to have a

refusal reconsidered and beyond that, appeal Those who apply after, will have a right to an administrative

review and beyond that, appeal.

There is no right of appeal if an application is invalid, including if evidence is missing. But you can supply evidence with an appeal & make it valid.

Applying for settled status

Family members who are living with, or join, EU citizens in the UK by 29 March 2019 will be able to apply for settled status, usually after 5 years in the UK. Close family members (spouses, civil and unmarried partners, dependent children and grandchildren, and dependent parents and grandparents) will be able to join EU citizens after exit, where the relationship existed on 29 March 2019.

Permanent residence vs settled status

A permanent residence document confirms that you have rights under European law. After Brexit, EU law will no longer apply and the migration and status of EU nationals will be subject to UK law. There will be a simple process for you to exchange a PR card for a settled status document free of charge and the Home Office say they won’t repeat any assessment of residence. You will need to: provide an identity document and a recent photograph confirm you still live in the UK declare any criminal convictions

Permanent residency or settled status

If you want to apply for British citizenship as soon as possible, and/or you have a straightforward application for PR with all the required evidence and no gaps, then it is worth applying for PR – but you still don’t have to do so if you’d rather wait. Processing your application will take months & it is easy to be rejected, for example, if there are gaps in your evidence.

If you do not have a straightforward application for a document certifying

permanent residence - wait for the new system.

EU citizens who arrive in the UK after EU exit

If you arrive in the UK after 29 March 2019, there will be a period of time where you can still live, work and study here, with a registration system. This ‘implementation period’ is still subject to negotiations with the EU and details of the immigration arrangements have not yet been agreed. The UK has proposed you’ll have to register if you want to stay for more than 3 months. You would then be able to work, study or be self-sufficient and, after five years, could apply for indefinite leave to remain.

Becoming a British citizen

There are different ways to become a British citizen: registration naturalisation People who can register include some people with British parents, people born in the UK and some children. Other people can ‘naturalise’, but this is not an entitlement. The Home Secretary may exercise discretion to naturalise you only if you satisfy a number of statutory requirements

Naturalisation

You can only use your permanent residence document to apply for British citizenship after you’ve lived in the UK for 6 years. That means you must wait another 12 months if you’ve only lived in the UK for 5 years when you get your document. But you can apply immediately if: you’ve already lived in the UK for 6 years when you get your document your husband, wife or civil partner is a British citizen

Naturalisation If your spouse is a British

citizen

you’re 18 or over

you’re of sound mind, you’re able to think and make decisions for yourself

you’re of good character

you’ve met the knowledge of English and life in the UK requirements

you’ve been granted permanent residence if you’re an EEA national

you’ll continue to live in the UK

lived in the UK for at least the 5 years

before the date of your application

lived in the UK for at least the 3 years before

your application is received

spent no more than 450 days outside

the UK in those 5 years

spent no more than 270 days outside the UK

in those 3 years

spent no more than 90 days outside the UK in the last 12 months

had permanent residence status for

the last 12 months if you’re a citizen

of an EEA country

not broken any immigration laws while in the UK

Life in the UK

You’ll have 45 minutes to answer 24 questions about British traditions and customs. You don’t need to take the test if you: are under 18 or over 65 have a long-term physical or mental condition have passed it before

English

You can prove it by having either: an English qualification at B1, B2, C1 or C2 level a degree taught or researched in English Home Office will only accept an English language qualification that is on the Home Office’s list of approved tests. This must be taken at a Home Office approved test centre.

Exemption from the knowledge of language and Life in the UK requirement

If you are aged 65 or over or have a long term physical or mental condition Only if your condition prevents you permanently from meeting this requirement Home Office would consider an exemption. Temporary illnesses, such as depression or stress, would not normally be grounds for exemption. You will need to provide evidence from your doctor or medical professional.

Good character You must give details of all criminal convictions both within and outside the United Kingdom If you have been declared bankrupt at any time you must give

details of the bankruptcy proceedings. You must say if there is any offence for which you may go to court

or which is awaiting hearing in court. This includes having been arrested for an offence and waiting to hear if you will be formally charged.

You must say whether you have had any involvement in terrorism or in any crimes in the course of armed conflict, including crimes against humanity, war crimes or genocide.

National Checking Service Wandsworth Register Office can accept and send your British citizenship paper application to the Home Office. They will make sure that your application is correctly completed. They will not be able to give you citizenship or passport advice. Wandsworth Register Office Phone: 020 8871 6124. Email: ncs@wandsworth.gov.uk They can accept citizenship and British passport applications at the same time. In this case, you can use the Nationality Document Return Service (instead of NCS), but you must apply for citizenship online.

ndrs@wandsworth.gov.uk

The Office of the Immigration Services Commissioner OISC

After you’ve applied

You’ll get a letter confirming your application, but this may take a few weeks. You must also provide your biometric information (fingerprints and a photo). The Home Office will tell you when you need to provide your biometric information. A decision about your application will usually be made within 6 months.

Citizenship ceremonies

During the ceremony you’ll have to make an oath of allegiance (or you can make an affirmation if you prefer not to swear by God) and a pledge. This means you’ll promise to respect the rights, freedoms and laws of the UK. At the end of the ceremony you’ll be presented with your certificate of British citizenship and a welcome pack.

British passport

You must have a British passport to enter the UK Apply: Online By post Post Office Check and Send service

Wandsworth services for immigration applications Nationality Checking Service Can check completed forms for British citizenship, & certify your documents so you can keep them. Book an appointment online (wandsworth.gov.uk) Nationality Document Return Service If you have made an online application for citizenship on AN1 or MN1 ndrs@wandsworth.gov.uk 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. None of these services are free, so check the fees first.

Finding out more More information on your rights now and in the future can be found at: www.eucitizensrightscampaign.gov.uk This is a dedicated website with a simple video www.gov.uk/guidance/status-of-eu-nationals-in-the-uk-what-you-need-to-know This is a regularly updated page with lots of information. 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 email updates https://www.gov.uk/government/policies/brexit/email-signup

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