Permanent Residence and British Citizenship for EEA Nationals in the UK after Brexit
Following the referendum on 23 June 2016 and the UK Government’s subsequent notification under Article 50 of the Treaty on the European Union of 29 March 2017, the UK will be leaving the EU. Unless the two year negotiating period provided for under Article 50 is extended, this will occur on 29 March 2019.
Although negotiations between the UK Government and the EU Commission have begun, there remains a question mark hanging over the rights of EEA nationals currently living and working in the UK under European free movement laws. Both the EU Commission and the UK Government have outlined their proposals, however no agreement has yet been reached. For more information on the proposals, see our information sheet here.
Until the UK leaves the EU, EEA nationals will be able to live and work in the UK with only their national passport or identity document as evidence of their entitlement to remain here. However, this is likely to change after Brexit. We would therefore recommend that all EEA nationals wishing to remain in the UK in the long-term consider their options and, where required, take action to ensure their position in the UK is protected. For instance, many may be able to complete the process for becoming a British citizen before March 2019, ensuring they will be able to remain after Brexit regardless of the outcome of the negotiations. Before apply for citizenship, an EEA national must first obtain a document certifying permanent residence.For more information on the process of applying for permanent residence documentation, see our information sheet here.
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The team at McGill & Co have a wealth of experience in dealing with matters of EU free movement law and have had a number of reported cases that have shaped EU free movement law in the UK (see for example the reported decision in Boodhoo and another (EEA Regs: relevant evidence)  UKUT 00346 (IAC)).
We provide a range of services for individuals including:
- Initial consultation - either face-to-face, over the phone or via Skype - to provide advice on the best course of action to take to secure your position in the UK;
- Application checking service including expert review of your completed application form, examination of all supporting evidence, and detailed advice on any evidence or documentation that is lacking from your application;
- Full application service including advice and assistance throughout the application process, provision of a detailed list of all necessary evidence tailored to your individual requirements, examination of all supporting evidence, meeting with you to complete all necessary paper work, and preparation of a detailed letter of legal representation outlining the legal basis for your application.
We also provide the following services for organisations looking to assist their EEA national staff to navigate through the labyrinth of information about the rights of EEA nationals in the UK:
- Advice for employers on how the proposals on the rights of EEA nationals in the UK may affect their business;
- Presentations and seminars for EEA staff members and their families explaining the eligibility criteria under the current system and outlining the terms of the EU Commission’s and UK Government’s current negotiating positions;
- Assistance with applications for residence documentation and citizenship from EEA staff members and their families.
These services are available at flexible and competitive rates. If you are interested in any of the above services, contact us using the form below providing us with as much detail as possible about your circumstances. A member of our team will then get in touch.
If these services are of interest to you please contact us using the form below and we will aim to respond as soon as possible, alternatively see our general enquiry page for all other types of enquiry