EU Immigration Briefing Session: Update and Workshop at the University of Salford

26 January 2018

Principal AssociateSimon Kenny

2Eversheds Sutherland | 05 September 2017| University of Salford EU Referendum Briefing

1. Update on Brexit and immigration law2. Key advice regarding Brexit and immigration including how

to make the on-line applications3 What changed in 2017

a. At UK Visas and Immigration?b. Regarding the policy ?

4. Questions and Answers

Today’s Agenda

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Brexit and Free MovementIn view of the most recent agreement between the UK and European Commission, it is almost certain that free movement between EEA countries and the UK will end.

The current arrangements will remain until departure, with an extension of at least two years likely after the UK leaves the European Union.

“Settled Status” applications will be necessary for all EU citizens (other than Irish citizens) between 2019 and 2021.Nothing changes at present – EU rules about free movement are still in place.

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Why obtain confirmation of the right to stay now?

Brexit and Free Movement cont.

It is evidence of the right to live and work in the UK from a specific date (although an application for “settled status” may also be necessary after this).

A cut-off date of 29th March 2019 has been agreed, beyond which rights will not be recognised, so establishing residence started before then is important.

Evidence is likely to be needed of immigration status by organisations after Brexit – employers, banks, landlords – and is a requirement of applying for British citizenship.

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Free Movement Rights: Qualified EEA National

Rights to Freely…

Enter a Member

State

Remain in a Member State Temporarily

Permanently Remain in a

Member State

No Need to be Qualified initial period of 3 months

Ongoing Permission to Remain depends on being Qualified

Permission to Remain Permanently depends on being Qualifiedfor 5 years

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Free Movement Rights: Qualified EEA National

Qualified PersonWorker

Self-Employed

Student

Job Seeker

Self-Sufficient

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EEA Qualified Person (QP) application

An EEA or Swiss citizen national who is in the UK as a worker, or an otherwise self-sufficient person, student or jobseeker.Application fee is £65 and application form EEA (QP) should be completed.

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EEA Qualified Person (QP) application (continued)

If applying as a worker, need to show:─ 2 passport style photographs─ Proof of identify – a valid

passport or national identity card

─ Proof of employment – employer’s declaration, wage slips or bank statements

If the latter, evidence should cover at least 3 months prior to the application date.

University of Salford EU Referendum Briefing 9Eversheds Sutherland | 05 September 2017|

EEA Permanent Residence (PR) application

Must normally have lived in the UK for a continuous period of five years as:

It is possible to use time spent in more than one category over the five year period.On-line applications and passport retention is now possible.

a “qualified person”

a family member or extended family member of a qualified person or permanent resident (a sponsor), or

a former worker or self-employed person who has ceased activity in the UK but still retain your residence in the UK (e.g. after retirement)

University of Salford EU Referendum Briefing 10Eversheds Sutherland | 05 September 2017|

EEA Permanent Residence: Necessary DocumentsApplicants basing the qualification on employment will usually require:

Application form EEA (PR) and £65 fee

Valid passport or national identity card

Confirmation of employment over the previous five years

Two passport sized photographs of the main applicant

In some cases, evidence of residence since the 5 years of employment which may include:

• Bank statements• Telephone bills• Council tax bills

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How To Apply Online

─ https://visas-immigration.service.gov.uk/product/eea-qp

─ https://visas-immigration.service.gov.uk/product/eea-pr

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British Citizenship

This is a status which can only be removed in unusual circumstances.There may be an impact on holding existing citizenships alongside this status.

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Naturalisation as a British Citizen

Requirement of an application include:

Complete Form AN – by post or Nationality Checking ServiceMore expensive and slower to process than EEA applications

freedom from immigration restrictions for the previous year;

five years’ prior residence;

good character and passing Life and Language in the UK test.

University of Salford EU Referendum Briefing 14Eversheds Sutherland | 05 September 2017|

What changed in 2017? UK Visas and Immigration

─ The on-line application process is quicker and more practical;

─ The European Passport ReturnService allows passports to be retained

─ Reduced documentary requirementsnow apply;

─ Extra resource for UKVI─ Waiting times are much reduced.

Applicants are encouraged not to apply at all at this stage and there is still some evidence of poor decisions, but:

University of Salford EU Referendum Briefing 15Eversheds Sutherland | 05 September 2017|

We understand the following is the Government’s intention from 29th March 2019: - Free movement ends when the UK leaves the EU, but a “grace period” of 2 years or more will be introduced - Citizens of EEA countries must apply for settled status in the UK between September 2018 to March 2021, which will confirm their rights to stay within British immigration law- Those who arrive before 29th March 2019 but do not qualify for settlement at the end of the grace period, will have an opportunity to acquire this - Family members of EEA citizens who arrive after the specified date will need to qualify for residence within British immigration law

The Government Offer to EEA Citizens

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- After the date of exit, British courts will decide the immigration rights of EEA citizens, rather than the European Court of Justice, but ECJ law will remain relevant and reference to this will still be possible- “Settled status” will involve a streamlined application with some of the EU Law requirements (such as comprehensive sickness insurance) no longer necessary - The rules regarding those arriving to work in the UK after exit are not yet defined and are under consideration, but may be restrictive and allow short-term work only.

The Government Offer to EEA Citizens

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Next steps: What is likely to change?

Confirmation of the precise terms for settlement and employment after Brexit

Continued streamlining of the application process, with the latter partly informing what the policy will be

Reaction to specific problems caused by whichever policy is introduced.

eversheds-sutherland.comThis information pack is intended as a guide only. Whilst the information it contains is believed to be correct, it is not a substitute for appropriate legal advice. Eversheds Sutherland (International) LLP can take no responsibility for actions taken based on the information contained in this pack.© Eversheds Sutherland 2017. All rights reserved.

Simon KennyPrincipal Associate

tel: +44 161 831 8226SimonKenny@eversheds-sutherland.com

70 Great Bridgewater StreetManchesterM1 5ES