What EU nationals need do to secure Residence rights in the UK
The result of the referendum on the UK’s membership with the EU on 23 June 2016 and the absence of plans on how to proceed forward following the vote to leave have created enormous levels of uncertainty. Statements from the Home Secretary and Minister for Immigration that future residence rights of EU nationals in the UK will be a matter for exit negotiations with EU have not provided the reassurance required.
Under EU Law, EU national’s exercising their treaty rights in the UK continue unchanged until such a time the UK actually leaves the EU following formal notification of withdrawal from the EU under article 50 of the treaty of the European Union and the conclusion of exit negotiations or the end of two-year negotiation period.
With all these uncertainties, there is a shared view by Immigration Law Practitioners that EEA nationals and their families should take steps as early as possible to protect their Immigration position by securing the best migration status they are entitled too, these include applying for permanent residence if eligible or obtaining a registration certificate to confirm their rights of residence including retaining appropriate evidence of exercising treaty rights until eligible for permanent residence. This should include recording schedules of absences and maintaining accurate records of employment and connections to the UK.
Those eligible for Naturalisation as a British Citizen should also consider disadvantages of loss of another citizenship especially those of EU nationality, tax consequences and the loss of current EU free movement rights for third country nationals.
We offer EU nationals consultations to address all of these issues raised above so if you are concerned about what steps you should take as an EU national or their direct family member. Give me a call and I’ll put you on the right course in securing your right of stay here in the UK.