EU nationals in the UK

EU Referendum: Brexit – The status of EU nationals in the UK

It was presumed that former Home Secretary Theresa May is the Prime Minister of the United Kingdom who will trigger the Article 50 of the Lisbon Treaty.

Suggestions for EU Nationals in the UK:

EU, EEA, Swiss Citizens, and their family members who do not have EU/EEA Permanent Residence Card for the UK should start to consider to apply.

EU, EEA, Swiss Citizens and their family members who have been living continuously for 5 years and exercised their Treaty Rights are eligible to apply for Permanent Residence Card according to EU law, and it is also possible to apply for both Permanent Residence Card and Naturalisation as a British Citizenship at the same time if qualifying individuals have been living continuously in the UK for at least 6 years.

Those who are not eligible to apply for Permanent Residence Card can apply for a registration certificate, which will confirm that they exercise extended rights of residence and ensure that they have sufficient evidence of exercising their treaty rights.

It should be noted that it will take at least two years for the UK to leave EU from when notice is given under Article 50 of the Lisbon Treaty.

However, EU, EEA, Swiss Citizens and their family members are advised to look into the main areas of concerns, which need to be scrutinised and opportunity costs should be evaluated.

  1. UK Government might announce breaking TEU (Treaty on European Union) before exist occurs;
  2. UK Government may present new rules for EU migrants, which consequently break Treaty Rights rules;
  3. UK law will likely change towards EU migrants;

Changes to Administrative Review

Changes to Administrative Review

Administrative Review is for assessing whether the original refusal was incorrect based on the evidence supplied initially.  Under the new rules, additional evidence can now be submitted in certain circumstances according to paragraph AR2.4 of Appendix AR, only if the case worker has made an error (defined in AR2.11(a) or (b)).


Biometric Residence Permit (BRP) new rules

From this year, entry clearance applicants will be issued a Biometric Residence Permit, which must usually be collected within 10 days of arrival in the United Kingdom.

Applicants affected

Individuals applying for Naturalisation as a British Citizen, an EEA Residence Card and EEA Permanent Residence must also now have their biometrics taken. The biometrics will be used to issue a biometric card as a form of UK visa.

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