Brexit: Linder Myers’s Guide For EU Nationals

The Referendum Results

With Brexit (British Exit) dominating the referendum outcome, EU nationals have been catapulted into the spotlight, with many questioning what is next for UK residents.

There has been ongoing speculation surrounding what impact Brexit could have on areas such as our health service, hospitality and construction industry, which heavily rely on workers from EU countries.

If you are an EU national currently residing in the UK and still feel in the dark about your current situation, read on to find out exactly what you need to know. The Brexit result has caused confusion and apprehension for a number of residents, and Bernard Chill & Axtell are here to offer straightforward information and a highly experienced Immigration team’s expert guidance.

The Current Situation

The main point to remember is this: currently, until Article 50 is triggered, the UK is still firmly a part of the European Union. Even after proceedings have begun, the UK will be waiting a minimum of two years until Brexit takes place and stops our membership within the EU.

The Government has reassured the public by releasing an official statement outlining the current status of EU Nationals within the UK: “There has been no change to the rights and status of EU nationals in the UK, and UK nationals in the EU, as a result of the referendum.”

The Protected Rights

The Government claimed that they expect rights for foreign EU nationals to remain protected during Brexit: “When we do leave the EU, we fully expect that the legal status of EU nationals living in the UK, and that of UK nationals in EU member states, will be properly protected.”

The Government has been firm regarding their support of EU nationals within the UK, and are keen to highlight that these legal statuses will be fully protected and prioritised.

London Mayor Sadiq Khan believes that the public need to be reassured, stating that “you cannot play politics with people’s lives.”

With 3.3 million living in the UK (Migration Watch), EU nationals are a vital part of society, and it is unlikely that their right to remain will change due to Brexit. You can read the full Government statement here, or contact our knowledgeable Immigration team today for more details on 02382 148019.

With regard to British Expats, Article 19 ensures that they are protected if the Government were to put forward an unlikely limit on EU nationals and their right to stay in the UK.

The EU National Options

Even with the Government’s reassuring view on Brexit being offered to the public, it is still not known how they would protect the rights of EU nationals who are still currently residing in the UK. This will be exposed once the reality of an exit negotiation begins.

It is therefore important for EU nationals to fully understand and prepare for Brexit as best they can for possible future events that are at present unknown.

There are a number of actions that can be taken and options to choose from for EU nationals living in the UK:

Residency Options

British Citizenship

You can apply for British Citizenship if you have acquired permanent right to reside in the UK and have been free from immigration time restrictions for at least one year after that.

As of November 2015, you must also apply for a Document Certifying Permanent Residence in the UK prior to your application for naturalization.

Once your application is approved and you are issued with a certificate of naturalization, you can apply for a British passport if you so wish. This citizenship will provide you with access to all the rights that British citizens have.

Permanent Residence Application

If you have been living in the UK for five years or more, you can apply for this. This will confirm that you are able to continue residing in the UK on a permanent basis, irrespective of any post-exit removals.

Registration Certificates Application

This is for EU nationals that have been residing in the UK for under 5 years. This is issued for a five-year time period and confirms that you are living in the UK in accordance with your EC treaty rights.

Application Preparation

Travel Timetable

Organise an up-to-date timetable showing when you have travelled outside of the UK for your records.

Residency Record

Keep a record of evidence showing your UK residency to prove that you have been working, studying, or living independently.

The Immigration Experts: Bernard Chill & Axtell

If you have any queries surrounding the above Brexit information or would like to enquire further about your security within the UK, please do not hesitate to contact Bernard Chill & Axtell. With almost 70 years of legal expertise, we are here to support you.

Bernard Chill & Axtell's highly experienced and helpful Immigration team are here to offer you any Brexit guidance and support you may require in order to put your mind at ease.

You can contact us today on 02382 148019 or visit our Immigration page.

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