Following Article 50 being triggered, on 7 April 2017 the Home Office issued guidance on the status of European Union nationals living in the UK. In this guidance, the Home Office seeks to reassure European nationals that there is no change to their right to reside in the UK at present as the UK remains within the European Union.
We have recommend in a previous blog at /news/2016/08/brexit-the-consequences-for-migrants-and-the-steps-to-take/ that EU, EEA and Swiss nationals or their family members who are living in the UK make an application to the Home Office confirming their right to reside. This continues to be our advice although the Home Office’s position appears to be that EU nationals who have acquired a right of Permanent Residence do not need to do anything as a result of Article 50 being triggered and nor do EU nationals who have not yet lived in the UK for a period of five years and so have not yet acquired Permanent Residence.
It is no surprise that post-Brexit the Home Office has seen an increase in the volume of applications submitted by EU, EEA and Swiss nationals and their family members for Registration Certificates, Residence Cards and Permanent Residence Cards. Are the Home Office now simply seeking to reduce the strain on their decision making teams by dissuading people from applying for documents to confirm their residence status in the UK? Whilst under EU law a person does not need a document to confirm a right to reside, in the current climate it is our advice to apply for one (if you are entitled to do so). Access to employment/housing and bank services could all become more difficult without such documentation.
Drummond Miller has a very experienced team of immigration lawyers who are well-placed to advise on all aspects of EU law. We would be happy to advise on any of the matters raised in this blog.
Janey Armstrong - Associate