Below, Rose Carey, Partner at Charles Russell Speechlys LLP, tells Lawyer Monthly how it’s going to go in regard to immigration law, the so called ‘settled status’ proposed, and discusses some other angles on what’s to be of UK based EU nationals.
Theresa May has offered to allow EEA nationals who have lived in the UK the right to apply for settled status (aka indefinite leave to remain/permanent residence). She has also suggested a two year transitional arrangement for those not eligible for settled status at the time of Brexit.
As it currently stands EEA nationals who have lived in the UK for 5 years should be eligible to apply for permanent residence (settled status) by law. This law is in place until Brexit. This means between now and Brexit an EEA national can apply for settled status and they have a legal right to this status if they meet the requirements. Theresa May’s offer is therefore nothing more than what EEA nationals are already legally entitled to.
Her offer to extend the opportunity for settled status and bring in transitional arrangements for 2 years is what we expected her to offer at the very least. Mainly because it would be virtually impossible for the government to seek to remove those EEA nationals who had not acquired permanent residence by the point of Brexit. There would be numerous issues as those EEA nationals may have employment in the UK with British businesses relying on their continued employment, property in the UK, children at school etc. The resources needed to impose immigration control on those EEA nationals would be inordinate. Logistically this is the only sensible solution for the government.
So, in summary, May’s offer is nothing new or unexpected.
EEA nationals currently resident in the UK should apply for an EEA Permanent Residence Card under the current system as soon as they are eligible. As a permanent resident they would not be subject to immigration control. It makes sense to secure what one is legal entitled to while that law is in place and has clearly defined parameters.
