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NOVOSTI August 2016 Immigration

IMMIGRATION AUGUST 2016

STATUS OF EU NATIONALS AND THEIR FAMILY MEMBERS AFTER BREXIT

It was announced on the governmental website in July that 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 new International Trade Secretary Mr Liam Fox mentioned in his interview with The Sunday Times that Britain may leave the EU in January 2019. However, the formal process of leaving the EU has not yet begun and Mr Fox also acknowledged that the deadline may be moved forward if necessary. The UK remains a member of the EU throughout this process, and until negotiations have concluded.

It was also announced that the legal status of EU nationals living in the UK, and that of UK nationals in EU member states, will be properly protected even after the UK leaves the EU.

What does the vote to leave the EU mean for those EU nationals, who have lived in the UK for more than 5 years?

  • EU nationals who have lived continuously in the UK for at least 5 years in most cases have a permanent right to reside. There is no requirement to register for documentation to confirm this status. However, we would like to remind you, that according to the recently changed Immigration Rules, prior to applying for British citizenship, you must obtain a Permanent Residence Card to confirm your right to reside in the UK permanently.
  • EU nationals who have lived in the UK contentiously for at least 6 years are eligible to apply for British citizenship

What does the vote to leave the EU mean for those EU nationals, who have lived in the UK for less than 5 years?

EU nationals continue to have a right to reside in the UK in accordance with EU law. EU nationals do not need to register for any documentation in order to enjoy their free movement rights and responsibilities. For those that decide to apply for a registration certificate, there has been no change to government policy or processes. Applications will continue to be processed as usual.

The UK Government position appears to be that after Brexit EU nationals already resident in Britain at the time of the referendum will not be affected provided British nationals resident in EU countries are afforded the same rights.

Our team at Red Square London will be happy to assist you with your applications for Residence Cards, Permanent Residence Cards, British citizenship and any other immigration applications or matters.

STUDENT VISAS UNDER SCRUTINY

According to Independent, Theresa May plans to reduce the number of student visas being granted to UK universities applicants. It was reported in Telegraph, that the Home Office and the Department for Education will examine the student visa regime to see where immigration requirements can be tightened. This is something the new Prime Minister attempted to do already as the Home Secretary for students coming to study on further education courses. Theresa May believes that student visas are an easy route into Britain for migrants. The number of international students have already dropped due to the approach recently adopted by the Home Office and could further decrease in the attempt to ensure that foreign students return home after finishing their studies.

We will keep you updated in relation to any actual changes in the Immigration Rules.

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