Brexit: the current implication for European Nationals exercising treaty rights in the UKPepperells
Currently nationals of member states within the European Union have the right to work within the UK without being subject to discrimination on the grounds of nationality.
Despite what many fear, this right of free movement is enshrined under Article 21 on the Treaty of the Functioning of the European Union – it is a treaty we are still part of and is supported by a directive (2004/38/EC) which allows EEA nationals and their family members to move and reside freely within the EU.
Although the UK government is facing pressure from the European Parliament to ensure the right of residence for EEA nationals is not affected by the Brexit negotiations, the government has yet to confirm their intentions on this point however the rights were implemented in the UK through the Immigration (European Economic Area) Regulations 2006, [the 2006 Regulations]. This legislation has not been superseded and is the legislation we must treat as active.
One certainty is that if you have EEA Permanent Residence it will continue to be treated in the same way as Indefinite Leave to Remain or in common parlance, settlement in the UK. This can only be lost if you leave the UK for more than two years or you commit certain crimes.
Pepperells’ immigration team specialise in EEA Permanent Residence applications and all other EEA applications to the Home Office, we can confirm European nationals’ rights to reside in the UK but there is a lot to consider.
Have you been here for five years or more? Have you been in employment, self-employed, a self-sufficient person, a student or a jobseeker? If you are not a qualified person, do you have a family member that is? Do you have all the relevant documentation? Have you had any absences from the UK for more than six months?
There are a lot of questions and a lot of answers, but with the right help you can save time and money by not making unnecessary applications, by not trying to navigate an over complicated system. We can help and have been helping people from across the region find certainty in a world of uncertainty.
If you think you or your family members meet the requirements of the 2006 Regulations, ring us on 01482 326511 or fill in the form below.