Keep calm and carry on! This may be a well-used expression nowadays however it’s a good fit in post-Brexit Britain.
Immigration was one of the most controversial aspects of the referendum campaign. Although, in fact, there may be little change to immigration; at least for the immediate future!
Of course there is uncertainty following the referendum of 23 June 2016 and the UK’s decision to leave the European Union. A referendum is an effective democratic tool to test public opinion. It does not change the law though – and certainly not overnight.
European Citizens in the UK are afforded rights and obligations which, in the same way, won’t be forfeited overnight. The UK Home Office’s immigration and nationality arm, UKVI (UK Visas & Immigration) have a fair and balanced approach to implementing changes. They provide transitional arrangements to allow those already in the system to get their affairs in order, so to speak.
UKVI are well aware of the legal principle of “legitimate expectation” which is an important ground of judicial review in administrative law; it was developed in English law to protect the interests of persons where a public authority (such as UKVI) repeals or cancels a promise made or an established practice. It follows then that the rights of those EU nationals that are established in the UK will most likely be unaffected – hence the importance of those EU nationals already working in the UK to apply for their Registration Certificates. And those qualified EU Citizens who have resided in the UK for five years or more should apply for their Permanent Residence Card and ultimately even British Citizenship.
It remains to be seen what the position will be for those EU nationals and their family members who apply for permission to enter post-Brexit Britain (i.e. after 24/6/16) as it may be challenging for them to claim that they had the “legitimate expectation” to settle in the UK.
We would therefore strongly recommend that those EU nationals already in the UK as qualified (working) persons apply for their Registration Certificates before any changes to the law can take place. In parallel, where EU nationals have any family members they wish to sponsor to join them in the UK (spouse/ partner/ children, parents etc.) that they apply for the required EEA Family Permit and subsequent Residence Card sooner rather than later.
It may take as long as two years for the UK to completely depart from the EU, so timing is of the essence. Applying for the residence documents referred to above will at least provide security to those already in the UK in terms of ongoing permission to live and work in the UK. It will also safeguard them against prospective increases in application fees should/ once European Citizens or their family members need to make applications subject to domestic UK Immigration Rules.
Please contact us if you have any questions as well as for comprehensive support in all EEA Family Permit, Residence Card and Registration Certificate applications.