Последние Новости от LS Legal Solicitors
The UK's Proposed Procedures for EU Citizens Post Brexit
Friday 10th November 2017
On 07 November 2017, the Government set out additional details of how EU citizens and their family members can remain in the UK permanently and obtain 'settled status' after the UK has left the European Union. Once finalised, it will be set out in a document named the Withdrawal Agreement. The UK will be bound by the obligations set out in the Withdrawal Agreement as a matter of international law and citizens' rights will be incorporated in UK law.
It is proposed that the EU citizens applying to stay in the UK after Brexit will have up to two years to apply for settled status, during which their status will be protected. If you have not been residing in the UK for a continuous period of 5 years at this time, you will only be granted temporary status. For those who already hold a valid EEA permanent residence document will have to submit a new application to obtain their settled status document. This application should be a simple process, as the previous residence assessment will not be re-done. The proposal states that there will be a reduced fee for such an application.
The new application process will require applicants to self-declare criminal convictions, which will be checked on the criminal records databases, both in the UK and if required, internationally. If the applicant is considered to be a threat to public order or security, or they commit a serious crime and receive a custodial sentence which is at least 12 months, then after Brexit, deportation will be considered. There is no guarantee that any previous criminal convictions will not be considered.
The proposal sends mixed messages as to the way the applications will be considered. At parts it states that applicants will not have their applications refused on minor technicalities and caseworkers considering applications will exercise discretion where appropriate and be able to request further evidence should they require it. However, decisions will be based solely on the criteria set out in the Withdrawal Agreement, with no discretion for other reasons for refusal. At present, we do not know what the criteria will be. Should the application be refused, EU citizens will continue to have a statutory right of appeal, and will be able to remain in the UK pending conclusion of the appeals process.
The Government suggest that the new system, which could potentially see more than three million EU citizens using, will be streamlined, low-cost and user-friendly, however the cost has not been revealed beyond confirmation that it will not exceed the cost of a British passport. The timescales have yet to be decided but are likely to be protracted as the new system will completely new with untested processes and rules. Unfortunately, the full effects and implications will not be known until an application is submitted and decided.
Please note that this is only a proposal with negotiations continuing for the foreseeable future. However, it gives us an insight as to the route the Government will be taking and the upheaval it will cause EU citizens residing in the UK. We will continue to keep you updated on the progress of this proposal. However, should you wish to avoid this upheaval and uncertainty and confirm your lawful, continuous residence pre-Brexit then please do contact us for a no-obligation consultation. Contact us by e-mail info@LSLegaLUK.com or by phone +447535959450 and we would be happy to assist you.