Latest Brexit article: Prime Minister Theresa May unveils offer to let 3 million EU citizens remain in the UK but the “cut-off” date is yet to be decided.

By 1st 4Immigration - #1 UK Immigration Experts -
This article was from The Daily Mail: May unveils her 'fair' offer to let three million EU citizens stay after Brexit and bring family members - but they could need ID card-style papers, link: http://www.dailymail.co.uk/news/article-4639058/Three-million-EU-citizens-stay-Brexit-says-May.html   

Ms May’s statement confirms her “offer” to let the EU citizens, who are already living/working in the UK, to continue benefiting from the European treaty rights, i.e. to continue as before. Those EU citizens who have been exercising Treaty rights (such as working) in the UK for 5 years can apply for permanent residence status. The application is not compulsory – at the moment – but it makes a good sense to make it as soon as possible. It would make their lives a lot easier after Brexit, such as when using the NHS or applying for a job (employers and NHS staff are not immigration officers, so would need a formal document). This would be that "ID-style paper" , which you are likely to need to sooner or later. 

Those EU nationals who have entered the UK before the “cut-off” date, according to this offer, will be able to remain and complete the 5 years’ qualifying period and then apply for permanent residence. Same for family members.

The important question is: what is the “cut-off” date. There is no date agreed yet with the European Union. This whole thing is just “an offer” at the moment, albeit a very logical one from the immigration law point of view. It is assumed that date will be between 29 March 2017 when the Article 50 was triggered and 29 March 2019 when the 2-year period ends.

It is fairly clear tht EU citizens, who entered before 29 March 2017, should be allowed to stay and apply for residency and eventually British Citizenship. The fate of those entering since 29 March 2017 is currently unclear.

Once again, our advice is to make a formal application to confirm your status in the UK. Whether you are eligible for permanent residence, or just for an application to confirm your status, or for a residence document for your non-EEA family member – apply now to be safe. There is no obligation to do so, but, as we mentioned above, this would be the only certain thing in these uncertain times. And it would be a very useful document after Brexit for practical reasons, such as applying for a job or using the NHS.

There is also some information on what rights the EU citizens would have after Brexit if they wish to bring a foreign spouse to the UK (by that time a definition of “foreign” would include EU citizens too).  We have an older post here which explains how British citizens have fewer rights on this subject than EU citizens currently do, so it would be harder and more expensive in the future: http://1st4immigration-visas.blogspot.pt/2017/06/interesting-article-on-rights-of-dual.html

For individual advice or to make an application please contact us:info@1st4immigration.com or visit www.1st4immigration.com 

If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training

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