what happen to eea pr after brexit

[jetzeng]

I have EEA PR already, will UK cancel all issued PR after brexit?

should i just start apply uk passport?

[Casa]

There are as yet no guarantees.

You'll need British citizenship before you can apply for a British passport.

[eastberks44]

A Document Certifying Permanent Residence is issued "pursuant to Directive 2004/38/EC". Therefore the basic position is that it will be null and void when the Directive no longer applies to the UK. The government would have to legislate specifically to avoid this, which is exactly what it refused to do this week.
Any EEA national who has a DCPR and intends to remain in the UK permamently is therefore advised to use it to obtain UK citizenship at the earliest opportunity.

[secret.simon]

The government would have to legislate specifically to avoid this, which is exactly what it refused to do this week.

Not entirely correct. The government asked Parliament to reject the amendments granting EU citizens an automatic right to remain, but it has stated that it will bring forward a separate Immigration Bill to address those concerns separately. I would expect it alongside the Great Repeal Bill in the next Queen's speech in May-June of this year.

But the broad thrust of the advice is correct. If you meet the requirements for naturalisation and intend to remain in the UK, you would be best off naturalising as a British citizen.

[alterhase58]

If we have been explained the planned Great Repeal Bill correctly then EU Law will be absorbed into UK law, and therefore the PR rules will continue as UK rules until a new Immigration Act is in force. I would recommend caution with sweeping statements such as "null and void" - there is enough insecurity as it is. My recommendation is to get all your paperwork in order as much as possible, which should help with the transition, alternatively, if you fulfill the requirements, get naturalised.

[tmonaghan]

I read somewhere that EEA Citizens arriving into the UK prior to Brexit will be considered under EU Law and those who arrived after Brexit will be considered under UK Immigration Law. So if that is the case we would be advised to remember that under EU Law one can only leave the UK for no longer than six months in a twelve months period or for up to twelve months in special circumstances.

[alterhase58]

I read somewhere that EEA Citizens arriving into the UK prior to Brexit will be considered under EU Law and those who arrived after Brexit will be considered under UK Immigration Law. So if that is the case we would be advised to remember that under EU Law one can only leave the UK for no longer than six months in a twelve months period or for up to twelve months in special circumstances.

There's a lot of speculation about - you cannot prepare on the basis of reports in the media. Until the arrangements for a transition, the repeal bill and the new immigration act are officially enacted and announced there is not much you can do, suffice to say get all your paperwork in order, as far as possible.

[rooibos]

I read somewhere that EEA Citizens arriving into the UK prior to Brexit will be considered under EU Law and those who arrived after Brexit will be considered under UK Immigration Law. So if that is the case we would be advised to remember that under EU Law one can only leave the UK for no longer than six months in a twelve months period or for up to twelve months in special circumstances.

I read that £350M a week will spent on the NHS.

[tmonaghan]

In theory what could happen to those EEA Citizens married to British Citizens that have yet to exercise their Treaty rights for 5 years? Really being married to a British Citizen should provide some kind of protection to their EEA spouses such as against expulsion?

[alterhase58]

There won't be expulsions or deportations ....
Being married to BC doesn't provide any special protections AFAIK.
All requirements need to be fulfilled, whether for PR, ILR or BC.

[tmonaghan]

So those prior to Brexit could be permitted to continue exercising their Treaty Rights until the acquirement of PR. However those who arrived after Brexit would fall under UK Immigration Laws

[MrSlyFox]

So those prior to Brexit could be permitted to continue exercising their Treaty Rights until the acquirement of PR. However those who arrived after Brexit would fall under UK Immigration Laws

Well nobody knows, you'll have to wait and see. Just have patience they say the first thing to be discussed in the upcoming negotiations will be EEA citizens in the UK and British Citizens in the rest of the EEA.

[new.citizen]

I have EEA PR already, will UK cancel all issued PR after brexit?

I am not an expert on immigration law, but my answer to this will almost definitely be NO.

As far as I understand, under UK immigration law to obtain permanent residence status you need to have lived in the UK legally for 5 years. It makes no difference if you are an EEA citizen or from outside the EEA. As long as you have lived in the UK LEGALLY for 5 years and meet the specified criteria in regard to employment and insurance can apply for permanent residence status.

Anyone, who has lived in the UK LEGALLY for 10 years can apply for ILR.

[CR001]

Anyone, who has lived in the UK LEGALLY for 10 years can apply for ILR.

Or 5 years on one of the many UK Immigration route visas

[Obie]

Most of what I saw on this thread is incorrect.

EU law and the status quo continues to apply until UK leaves the EU. It is envisaged that this will happen in the next 2 years.

Therefore existing EEA PR will not be voided.

They will still be dealt with under EU law.

[tmonaghan]

What would be interesting to find out and hopefully the UK Government will come out soon with their intentions; is to know what will happen to those EU Citizens married to British Citizens who have two or three years left before they reach their 5 years for PR. Will they then be required to pay £1,195 for a spouse visa through the UK Immigration route?

[mkhan2525]

There is going to be a government White paper on the Great Repeal Bill which will be published on Thursday a day after triggering Article 50. It may provide more clarity on the governments position regarding EU Immigration.

http://www.cityam.com/261712/theresa-ma ... epeal-bill

[tmonaghan]

Thanks mkhan2525, it is a very interesting article

[secret.simon]

Note that the government has also said that immigration and customs will be covered by legislation outside the Great Repeal Bill and hence it is likely that the White Paper on the Great Repeal Bill will not contain much on immigration.

Both Barnier and the British side have stated that resolving the status of EU citizens in the UK and UK citizens in the EU is a high priority for them. It is not entirely improbable that it and the bill for leaving the EU are among the first things to be negotiated.

As an aside to the mods: would this topic be more at home in the Referendum developments forum? It is a generic and wide-ranging question, as opposed to one on an individual's specific circumstances.

[CR001]

As an aside to the mods: would this topic be more at home in the Referendum developments forum? It is a generic and wide-ranging question, as opposed to one on an individual's specific circumstances.

Done Settled Status

[secret.simon]

Thank you, as always, CR001

[Wise]

I am confident that all EU resident/family member permits that has been issued before now or that will be issued till the exit day will continue to be valid. But there may be generous transition towards people who have not complete their 5yrs lawful resident in UK to gain from PR provided you are in employment and not on benefits.

This is just a matter of common sense, otherwise court will be busy end off.


People should just calm down and be positive as Brexit itself hasn't feel the reality.

[secret.simon]

I am confident that all EU resident/family member permits that has been issued before now or that will be issued till the exit day will continue to be valid. But there may be generous transition towards people who have not complete their 5yrs lawful resident in UK to gain from PR provided you are in employment and not on benefits.

I am inclined to agree. It is not improbable that an EU immigration bill may also create specific provisions for naturalising EU citizens. It has happened in the past, with special provisions being created when countries left the Commonwealth (the pre-EU free movement area for the UK), such as the Pakistan Act 1973.

People should just calm down

+1

[tmonaghan]

European parliament will veto Brexit deal with early cut-off date for free movement

https://www.theguardian.com/politics/20 ... m-movement