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University of Portsmouth

University of Portsmouth. Brexit briefing. November 2018. Alex Russell. Agenda for today. EU Settlement Scheme Other actions to consider now Permanent residence British citizenship Questions!. EU Settlement Scheme. So where do we stand?. Current status of EEA nationals

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University of Portsmouth

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  1. University of Portsmouth Brexit briefing November 2018 Alex Russell

  2. Agenda for today • EU Settlement Scheme • Other actions to consider now • Permanent residence • British citizenship • Questions!

  3. EU Settlement Scheme

  4. So where do we stand? • Current status of EEA nationals • Difference between EEA and EU nationals • Norway, Lichtenstein, Iceland, Switzerland • UK / EU deal • No deal scenarios?

  5. Documents to read • See Gov.uk website • Withdrawal Agreement • EU Settlement Scheme pilot applicant guidance • Home Office caseworker guidance • EU Settlement Scheme employer toolkit • Statement of Intent (June 2018)

  6. EU Settlement Scheme – key points • EU citizens resident in the UK by 31 December 2020 • 5 or more years - settled status • Less than 5 years – pre-settled status (for five years) • Also covers non-EU national family members of EU citizens • Spouse, civil partner, durable partner, dependent child or grandchild, and dependent parent or grandparent

  7. Implementation period • Until 31 December 2020 • Blanket permission to remain during period • Applications must be made by 30 June 2021

  8. Who will need to apply? • All EU nationals • Streamlined no fee process for EU nationals with permanent residence documents • Irish nationals do not need to apply • But note family members

  9. When can you apply? • University staff can apply from 15 November • But family members can’t apply during pilot period • No rush – deadline is 30 June 2021 • One to two week turnaround

  10. Settled status rights • Reside in UK in any capacity and undertake any lawful activity • Access to healthcare, benefits, pension, social security on similar basis to British nationals • Loss of status if outside the UK for more than 5 continuous years • Pre-settled status rights same as under current rules

  11. Qualifying criteria • 3 core criteria • Identity • Residence / relationship • Criminality / security • Note: no requirement for qualifying activities, CSI, travel log, language competency, or health surcharge

  12. Qualifying criteria • Identity • EU passport or NI card and uploading photo • Residence • NI number (potentially P60s, bank statements, utility bills) • Criminality / security • Declaration • Serious or persistent criminals or threat to security

  13. Continuous residence • Continuity broken by periods of absence from UK exceeding 6 months in total in any year • But continuity not broken by • Periods of absence from the UK on military service • A single period of absence not exceeding 12 months for important reason such as pregnancy/childbirth, serious illness, study or vocational training, overseas posting, or other ‘important reasons’

  14. Application process • Streamlined digital online application • Designed for smartphone and tablets • Opportunity to provide supplementary evidence • Low cost – £65 for adults, £32.50 for children under 16 • No physical document unless from outside the EU • Online check system

  15. Family members • Family members on 31 December 2020 • Lifetime right to join EU national in UK under Settlement Scheme • Not family members on 31 December 2020 • No lifetime rights • See recent MAC Report for possibilities for new immigration system

  16. Other actions to consider now • EEA nationals should consider • Permanent residence • British citizenship • Retain key documents

  17. Permanent residence

  18. Why bother applying? • Sensible to have documents evidencing status • Streamlined no cost application for settled status • Currently necessary for citizenship application • Enhanced rights?

  19. Permanent residence – acquisition • EEA nationals acquire PR after ‘residing legally’ in the UK for continuous period of 5 years • Also covers non-EU national family members of EU citizens • Residing legally • Continuous residence • Qualifying person

  20. Qualifying person • EEA nationals have initial right of residence for 3 months • Right of residence beyond 3 months if ‘qualified person’ • Worker • Jobseekers • Self-employed • Student • Self-sufficient person

  21. How to apply • Online form for most applications • Travel log not required • List of required documents generated • European passport return service • Guidance notes for alternative documents • £65 • Which 5 year period to rely upon?

  22. Citizenship

  23. Naturalisation • Consider, but….. • Dual nationality not permitted by all countries • Some countries have procedural requirements • Can result in applicant or family members losing citizenship of other countries • May also affect tax position and pension eligibility

  24. Naturalisation – main requirements • Residence • Future intentions • Good character • Knowledge of language and life in the UK • Fairly straightforward

  25. Questions

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