Последние Новости от LS Legal Solicitors
As an EU national, do I need to apply for Permanent Residence now?
Thursday 19th October 2017
Recently, the UK Government published much news in relation to the legal status of the EU nationals after Brexit, which created some degree of uncertainty and even confusion. We aim to clarify the situation for everyone as we see it from our perspective and want to assist you in making an informed decision about whether you should or should not apply to confirm your Permanent Residency now.
What is the official Home Office position?
The Home Office is encouraging all EU nationals against submitting their application for Permanent Residence at the present time. The official advice from the Government recommends all EU citizens to wait until the Brexit date and confirm their status after March 2019. This happens at the same time as the negotiations with the European Union continue and when many people has experienced difficulties in dealing with the Home Office.
What is the reality?
The present uncertain situation is mainly attributed to the fact that the UK Government is currently negotiating its terms of leaving the European Union and as a result much of the conflicting information is presented to the public.
To be transparent, we believe in the genuine promise of the Home Office to allow all EU citizens who are currently residing legally in the UK to be able to stay after the Brexit date. However, due to a current uncertain and constantly changing situation, it is always advisable to make sure your status is definitely protected.
The Home Office has recently announced that if you already have a document certifying your Permanent Residence, the process after Brexit will be very straightforward, with greatly reduced or zero cost to applicants to update their status under the new scheme. It is likely the document will be replaced with a Biometric Residence Card that is currently required for non-EU nationals.
What is our advice?
Our advice to all EU nationals still remains the same as before - it is better to make your application for Permanent Residence now if you are eligible to do so. It will provide you with certainty about your future. Your status in this country should not be affected by the outcome of the negotiations with the European Union. If the promise of replacement the present cards 'with greatly reduced or zero cost' will remain true, it will hardly affect you financial position after the Brexit date.
Further to this, the Government announced that from the end of 2018 it will start procedure to register all EU nationals for 'settled status'. Unfortunately, it is still not clear how it may affect EU citizens. In light of recent news about the mistakenly sent deportation threats letters to EU nationals and our experience, the trustworthiness of the Home Office systems is put under serious doubts. Having your immigration matters settled now should help you to avoid any similar potential issues with the Home Office.
Furthermore, the access to benefits system and NHS may also be changed or limited if you have no settled status in the UK.
In addition to the above, if you confirm your Permanent Residency in the UK, you may be eligible to apply for British citizenship straight after receiving the decision should you wish to do so. As a result you may already be a British citizen prior to Brexit. If you have any children or are expecting children, they may register as British or already be British from their birth.
At the same time, we understand that some people may not be prepared to confirm their status at present time for various reasons. Our advice to them is to start preparing all documents to submit the application under the new rules straight after the Brexit date. It is likely that some time limits will be imposed for making the applications to ensure the proper immigration controls at the border.
If you are seeking assistance on how to make your application or are unsure whether you want to apply now or wait until March 2019, LS Legal Solicitors will advise you what is in your best interests and suggest you the options. You will always be able to make an informed decision based on our advice. Please contact our firm on 020 81 44 55 88, via email on info@LSLegaLUK.com to discuss your matter or make an appointment with a solicitor.