Immigration Solicitors

The Foreign and Commonwealth Office (FCO) has issued a statement saying there has been no change to the rights and status of EU nationals in the UK – or UK nationals in the EU – as a result of the EU referendum.

The FCO said that the decision about when to trigger Article 50 and start the formal process of leaving the EU would be for the new Prime Minister Theresa May, who takes up office on Wednesday 13 July.

The UK will remain a member of the EU throughout the Brexit process – and until Article 50 negotiations have concluded.

The FCO added that, when the UK does leave the EU, it is fully anticipated that the legal status of EU nationals living in the UK and that of UK nationals in EU member states would be properly protected.

The FCO said that the UK government recognised and valued the important contribution made by EU and other non-UK citizens who work, study and live in the UK – and EU nationals who have lived continuously and lawfully in the UK for at least five years automatically have a permanent right to reside.

As a result, this means that they have a right to live in the UK permanently in accordance with EU law – and there is no requirement to register for documentation to confirm this status.

The FCO added that EU nationals who have lived continuously and lawfully in the UK for at least six years are eligible to apply for British citizenship if they wish to do so, according to eligibility requirements.

EU nationals who have lived in the UK for less than five years continue to have a right to reside in the UK, in accordance with EU law – and do not need to register for any documentation in order to enjoy their free movement rights and responsibilities.

For those who decide to apply for a registration certificate, there has been no change to government policy or processes as a result of the referendum – and applications will continue to be processed as usual.

Non-EU family members of EU nationals must continue to apply for a family permit, however, if they wish to enter the UK under EU law and they do not have a residence card issued by a member state.

There has been no change to government policy or processes following the result of the referendum – and applications will continue to be processed as usual.

The FCO said that extended family members of EU nationals must continue to apply for a registration certificate if they are an EU national – or a residence card if they are a non-EU national – if they wish to reside in the UK.

There has also been no change to government policy or processes following the referendum – and applications will continue to be processed as usual.

The FCO said that Irish nationals enjoyed separate rights under various pieces of legislation, which allow Irish nationals residing in the UK to be treated in the same way as British nationals in most circumstances – following the referendum result, there has been no change in this position.

However, Croatian nationals might continue to need to apply for a registration certificate to be allowed to work in the UK under the transitional arrangements that were put in place when Croatia joined the EU in 2013. The type of registration certificate that Croatian nationals might need will depend on whether they need permission to work in the UK – and what they will be doing. There has been no change to government policy or processes, and applications will continue to be processed as usual.

The FCO stated that, as there has been no change to the right of EU nationals to reside in the UK, therefore no change to the circumstances in which someone could be removed from the UK as a result of the outcome of the EU referendum has occurred – and EU nationals can only be removed from the UK if they are considered to pose a genuine, present and sufficiently serious threat to the public, if they are not lawfully resident, or if they are abusing their free movement rights.

Duncan Lewis Immigration Solicitors

Duncan Lewis immigration solicitors can advise EU nationals on any changes that might occur to UK immigration law – and also advise non-EU nationals on right to work in the UK, UK visa applications and appeals, and asylum applications and appeals.

Duncan Lewis business immigration solicitors also regularly advise major companies, SMEs and individuals on Tier-2 visa applications for staff from non-EEA countries wishing to take up appointments in the UK.

There are Duncan Lewis offices nationwide – including in London and in most major cities – and Duncan Lewis is one of the UK’s leading immigration specialists, able to advise on international recruitment across all business sectors.

Duncan Lewis can also advise on entrepreneur visas, student visas, spouse visas and visa overstays.

For expert legal advice on UK immigration law, call Duncan Lewis business immigration solicitors on 0333 772 0409.