NOVOSTI June 2016 - Immigration - RSL Law
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NOVOSTI June 2016 – Immigration



For many the morning of Friday the 24th of June brought a major shock. Although it was always possible for the Leave campaign to win the UK EU Referendum, its actual success was quite unexpected.

For many citizens of EU countries now living in UK such questions as “What will happen? Will we have to leave the UK now?” were a natural worry. However, they should not be concerned. Prime Minister David Cameron in his post-referendum speech confirmed that there is nothing to worry about: nothing will change for the EU citizens who are already living in the UK as well as for the British people living abroad for at least two years while the process of leaving the EU is being negotiated. Besides, statements made in the media since Friday suggest the necessity of a much longer time to complete the UK’s divorce from the EU.

No immigration changes are planned for business immigrants and investors from non-EU countries. The UK has always offered more favourable conditions for taxation and business development in comparison to some other EU countries. This has allowed it to attract the most talented business people, large investments and to maintain a stable and strong economy for many years. Speculations in relation to negative consequences for immigrants as well as businesses losing vital work force in the case of Brexit have not been justified. This has become clear after David Cameron’s statement about the undisturbed status of the migrants which means that the businesses will continue to operate with the same work force. These are favourable circumstances for adapting to the situation which is new to all. Moreover, many experts are convinced that if the UK wishes to preserve access to the single market, the right to free movement of the EU citizens will have to be adhered to. This means that the EU citizens will unlikely lose their current rights to live and work in the UK as well as the UK citizens who live and work abroad.

If you are a citizen of an EU country and are still worried and would like to make sure that you will be able to stay and work in the UK as long as you would like to, there is a possibility of obtaining a permanent residence status. In order to apply, you have to have lived in the UK for five years. Even if you have entered the country with the purpose of settling only recently, you are likely to have sufficient time to satisfy that requirement before the process of the separation of the UK from the EU is completed.

Because the referendum results only became public a few days ago, currency volatility will continue for some time, which is normal and to be expected in the circumstances. For those who wish to buy property in the UK, set up a business or invest into the British economy, this is a good time because the pound is likely to weaken in the short to medium term. Despite the fact that some currency fluctuations are inevitable, the UK has been an economically strong country for some considerable time and there are no doubts that it will manage to retain that status in the long term, regardless of temporary turbulence.

We would like to remind you about the general requirements for Permanent Residence Card applications, which in summary include compliance with Immigration Rules and UK criminal and civil laws. You also have to be either: in paid employment, a registered and active self-employed person, a student, a self-sufficient person; or a jobseeker.


In order to meet the requirement of this category, you need to show that you are actively looking for a job. According to Immigration (EEA) Regulations 2006, for your circumstances to fall within this category, you need to show that you had been a worker, self-employed, student or a self-sufficient person prior to becoming a jobseeker. Furthermore, you need to show that you have professional education and work experience necessary for obtaining a job that you are actively looking for. You also need to demonstrate that you are genuinely seeking employment. Job application forms, letters of invite to interviews, rejection letters from employers and Jobcentre Plus registration documents would serve as a proof of that.  If an active job search continues for over 6 months, you can only retain the status of a job-seeker in exceptional circumstances.

Comprehensive sickness insurance

There are additional requirements for students and self-sufficient persons. If you fall within this category, you need to show that you have a comprehensive sickness insurance from the very beginning of your stay in the UK. Cash back health schemes, travel insurance or access to NHS are not included in the definition of comprehensive sickness insurance. You need to provide one of the following documents: a comprehensive private medical insurance policy document; a valid European Health Insurance Card issued by an EEA member state or forms S1, S2 or S3.

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