With Brexit on the horizon, European citizens and their family members, who are currently living in the UK, may wish to consider obtaining confirmation of your right of residence in the UK under European law.
A Family Member or Extended Family Member of an EU national can apply overseas to join the EU national who is exercising Treaty Rights in the UK by submitting their application at a UK High Commission, Embassy or Consulate.
An EU national can submit an application in the UK for a “Registration Certificate” as an EEA national “Qualified Person”. Also, a Family Member and Extended Family Member of an EU national exercising Treaty rights in the UK may apply for a “Residence Card” for permission to enter or remain the UK with their “Sponsor”. There are currently no changes in the procedure or rules in relation to the UK position of leaving the European Union (Brexit). However the UK government will be making changes to these rules once it releases its further plans and guidance for Family Members and Extended Family Members of an EU national exercising treaty rights in the UK in due course.
After completion of 5 years residence in the UK, an EU national can apply for Document Certifying Permanent Residence. A family member or Extended Family Member can apply for Permanent Residence Card after completion of this period provided that the EEA regulations are met during this period of residence.
Applications for the following permits can be submitted:
- Residence permit for an EU/EEA national
- Family permit for a non-EU/EEA family member
- Entry clearance and residence documents for non-EU/EEA family member, including an extended family member (only if EFM meets the definition)
- Schengen visas
- Accession State casework (A8 and A2 scheme
With our team’s considerable expertise in European law matters, we can assist you with making key life decisions for you and your family in light of future changes brought about by Brexit.