March 30, 2017
Matthew Davies a Partner in our Immigration Department, outlines practical steps that EU nationals can take to secure their right to reside in the UK following the triggering of Article 50. Any EU national who has lived in the UK for 5 years or more may qualify for a Permanent Residence Card. Once issued with a Permanent Residence Card an EU national may be able to naturalise as a British citizen and obtain a British passport. To qualify for a Permanent Residence Card an EU national will need to show that during a 5 year period they have resided in the UK as a “qualified person” in one or more of the following categories;
The rules on how you qualify under one of these categories are quite complex and you should read the Home Office guidance. Family members of an EU national, including spouse and children aged under 21, can qualify for a Permanent Residence Card if they have lived in the UK as the family member of the “qualified person” for five years. They can be included in the application of the “qualified person”. To apply for a Permanent Residence Card you need to complete form EEA(PR). Before completing your application for permanent residence you should read the EEA(PR) guidance which sets out the documents you will need to provide to prove that you have resided in the UK as a qualified person for 5 years. You can apply either by completing the paper form and submitting it to the Home Office or completing an online form. The fee is £65 per person. You can send your supporting evidence to the Home Office by post or if you apply online you can submit your evidence in person using the European passport return service. Applications are currently being processed fairly quickly, some within a month or two. These applications can be straightforward but they can also be complex depending on your circumstances. Note in particular;
Once you have been issued with a permanent Residence Card you can usually apply to naturalise as a British citizen 12 months from the date that you acquired permanent residence (the date will be written in the letter that you receive from the Home Office), or immediately if you are married to a British citizen. You need to meet a residence requirement, a good character requirement, pass a Life in the UK Test and an English test. The application form is called Form AN and you should read the guide and booklet that accompanies the form before making an application. The current fee is £1,236. Children who may be entitled to register as a British citizen complete Form MN1 and children who were born in the UK and have lived here for 10 years of their life complete Form T. The current fee is £936. If your child was born British they apply for a British passport in the usual way. The Rules and Regulations surrounding these applications are complex and if you are in any doubt as to whether you or your children qualify you should seek advice.
If you are concerned or affected by this issue and would like to discuss this further you can contact Matthew directly at email@example.com. To make an appointment for a consultation with Matthew or any other member of our Immigration Team contact Dionne on 0208 885 7979 or e mail the nature of your query to firstname.lastname@example.org and a member of our team will get back to you quickly. We have members of our team who speak Spanish, Italian, German, French, Greek, Portuguese, and Swedish. Just ask if you would like to speak to one of these lawyers.
If you have a family case where you require some advice or representation, please contact Mavis for an appointment with a family solicitor on 020 8885 7986.