Tag: UK

EU Exit Negotiations Update from the Home Office

Following the latest round of negotiations between the UK and EU concluded on 31 August 2017 in Brussels, the Home Office circulated the following update.

Progress was made on several fronts – including on the rights of EU citizens living in the UK and UK nationals in the EU.

On healthcare, for example, we agreed to protect the rights to reciprocal healthcare, including European Health Insurance Cards (EHICs), for EU citizens in the UK and UK nationals in the EU who are present on the day of exit.

Both sides also agreed that the rights of cross border workers should be protected.

On economic rights, we have confirmed the right of EU citizens to set up and manage a business in the UK, and the same applies to British citizens in their Member State of residence.

These points of agreement are good news but the discussions also highlighted where more work is needed.

This includes several areas where the UK wants to go further than the EU, such as posted workers (raised in the July round) and the mutual recognition of professional qualifications. The UK will also continue to seek clarification on how the EU’s stance on various issues would work in practice and be implemented within the EU27.

The next round of negotiations in September will build on progress to date with a view to reaching a future agreement on citizens’ rights. This table provides a comparison of the EU-UK positions on citizens’ rights and where outstanding issues remain.

As Secretary of State for Exiting the EU David Davis said yesterday, the UK government remains absolutely committed during the negotiation process to delivering the best outcome for the people of the EU and the UK.

We also recognise that EU citizens in the UK and UK citizens living in the EU would like certainty about future arrangements as soon as possible.”

Please visit Status of EU citizens in the UK: what you need to know for further details about the government’s proposal to protect the position of EU citizens in the UK – and UK nationals in the EU – published on 26 June. It contained these commitments:

  • EU citizens with settled status will continue be treated as if they were UK nationals for education, healthcare, benefits, pensions and social housing after we leave the EU.
  • No EU citizen currently in the UK lawfully will be asked to leave at the point we leave the EU. EU citizens will have at least two years to regularise their status.
  • The process to apply for settled status will be streamlined and user friendly, including for those who already hold a permanent residence document under current free movement rules. We expect the system to be up and running in 2018.

As the negotiations in Brussels progress, Home Office’s advice to EU citizens remains the same: you do not need to apply for documentation confirming your status now.

The rights of EU citizens have not changed. Last week, around 100 EU citizens received letters in error stating they were liable for removal from the UK. For the avoidance of doubt, these letters were sent in error and will have caused understandable distress. The Department has apologised to the individuals affected and they are being reassured that they should disregard the letters. The Home Office statement is here.

Home Office will continue to update on the negotiations and wider citizens’ rights issues over the coming months.

Updated List of Tier 1 (Graduate Entrepreneur) Authorised Endorsing Bodies – June 2017

In June 2017, the list of authorised institutions for Tier 1 (Graduate Entrepreneur) visa applications was updated by the Home Office.

The Tier 1 (Graduate Entrepreneur) route is for graduates who have an outstanding business idea that they wish to put into practice in the UK. Higher Education Institutions (HEIs) will have a central role in identifying graduates who have developed genuine and credible business ideas or entrepreneurial skills, and in endorsing and supporting them.

Only those institutions listed below are able to endorse graduates wishing to apply under this route:

  • Anglia Ruskin University
  • Arts University Bournemouth
  • Ashridge (Bonar Law Memorial) Trust
  • Aston University
  • Bangor University
  • Birmingham City University
  • Bishop Grosseteste University
  • Bournemouth University
  • BPP University Limited
  • Brunel University
  • Cardiff University
  • City University London
  • Coventry University
  • Cranfield University
  • De Montfort University
  • Edinburgh Napier University
  • Glasgow Caledonian University
  • Goldsmiths University of London
  • Heriot-Watt University
  • Imperial College of Science, Technology and Medicine
  • King’s College London
  • Kingston University
  • Lancaster University
  • Leeds Beckett University
  • Liverpool Hope University
  • Liverpool John Moores University
  • London Business School
  • London Metropolitan University
  • London School of Economics and Political Science London
  • South Bank University Loughborough University
  • Middlesex University
  • Newcastle University
  • Northumbria University
  • Newcastle Norwich University of the Arts Nottingham
  • Trent University
  • Oxford Brookes University
  • Plymouth University
  • Queen Mary University of London
  • Queen’s University of Belfast
  • Regent’s University
  • London Royal Academy of Music
  • Royal Agricultural University Royal Central School of Speech and Drama
  • Royal College of Art
  • Sheffield Hallam University
  • SOAS, University of London
  • Southampton Solent University
  • Swansea University
  • Teesside University
  • University College London
  • University for the Creative Arts
  • University of Aberdeen
  • University of Bath
  • University of Birmingham
  • University of Brighton
  • University of Bristol
  • University of Buckingham
  • University of Cambridge
  • University of Derby
  • University of Dundee
  • University of East Anglia
  • University of East London
  • University of Edinburgh
  • University of Essex
  • University of Exeter U
  • niversity of Glasgow
  • University of Greenwich
  • University of Hertfordshire
  • University of Huddersfield
  • University of Hull
  • University of Kent
  • University of Leeds
  • University of Leicester
  • University of Lincoln
  • University of Liverpool
  • University of Manchester
  • University of Northampton
  • University of Nottingham
  • University of Oxford
  • University of Portsmouth
  • University of Reading
  • University of Roehampton
  • University of Salford
  • University Of Sheffield
  • University of South Wales
  • University of Southampton
  • University of St Andrews
  • University of Stirling
  • University of Strathclyde
  • University of Sunderland
  • University of Surrey
  • University of Sussex
  • University of the Arts London
  • University of the West of England
  • University of the West of Scotland
  • University of Warwick
  • University of Westminster
  • University of Worcester
  • Guildhall School of Music & Drama

Full information is available on the UKVI web-site.

May’s proposal – Analysis of the policy paper on the safeguarding the position of EU citizens in the UK and UK nationals in the EU

The recent proposal of Theresa May from June 26th, 2017 has been quoted as a ‘generous offer’ to EU citizens offering everyone who had acquired permanent residence a new ‘settled status’.

 

At the face value, it appears to be a good deal, however when one reads the small print it becomes apparent that there is no value in the offer, and it lacks the certainty that Theresa May continuously refers to. The offer has come after the EU Council Decision of 22nd May proposing their policy on safeguarding the position of EU citizens in the UK and UK nationals in the EU, therefore both sides have now adopted their position. However, the UK’s offer is nowhere close to what EU would like to secure as a part of the exit deal.

 

The Government website provides a short summary of their ‘promise’.

 

“Since the result of the referendum last summer, the UK Government has made it absolutely clear how important it is that we secure as early as possible both the rights of EU citizens in the UK and UK nationals in EU member states. We are now seeking to provide EU citizens with certainty about their future by publishing a policy paper which sets out our offer to them.“

 

Theresa May has since triggering Article 50 made it clear that she wants nothing else but to provide the certainty for all EU citizens in the UK and for those Brits living in the Member States. However, the proposal offers no certainty and is lacking definitive answers and dates.

 

The UK continues to affirm that the rights of the EU nationals are protected and are to be complied with under the EU law until the official day of Brexit.

However, this gives little certainty as to the future rights of over 3 million EU citizens living in the UK even though the UK has proposed a new streamlined process for the European citizens to register in order to gain their new ‘settled status’ as per the generous offer of Theresa May.

 

This online application will apply to all EU citizens who have been continuously living in the UK for over 5 years. This requirement is the same as under current EU law where those with over 5 years of residence can apply for a document certifying permanent residence. Moreover, since the criteria that will apply are national, not based on EU law, the calculation of this period might differ. The proposals says ‘The type of application you’ll need to make will depend on your circumstances, when you moved to the UK and how long you’ve lived here’. The questions arise in terms of what type of circumstances an EU citizen needs to have in order to be able to stay?

 

While the UK promises to make the process as streamlined as possible for the EU citizens who already have the Permanent Residence Status, they will still need to apply for ‘settled status’ after Brexit in order to be able to remain in the UK. The UK position is that a document certifying permanent residence may mean nothing in the future. What is the reason for this? Does it mean that the future criteria will be certainty stricter?

 

Moreover, why the current permanent residence document under free movement rules is not sufficient to prove (for example, to employers or public service providers) that you have permission to continue living and working legally in the UK after Brexit. It seems that the criteria that are to be applied for the new ‘settled status’ will be much more stricter than under EU law if the Home Office cannot respect the now issued documents certifying permanent residence rights.

 

Further questions arise as to the cost of the new ‘settled status’.

Theresa May refers to a ‘reasonable’ cost but under the current British Immigration Rules the fee for indefinite leave to remain which is equivalent to the ‘settled status’ is set at £2,297. Will this be the price the EU nationals would have to pay in order to stay?

 

The offer gives some consideration to those citizens who will not qualify for ‘settled status’ as they will not complete their 5 years period before the ‘cut-off date’. However, nowhere in the proposal the date is mention. It may be the date of triggering Article 50 or the Brexit Day, but it could also potentially be historic.

If Theresa May wanted to give certainty to EU citizens she would have set the ‘cut-off date’. Those EU citizens who arrived and became resident before [un]specific date but who have not accrued five years’ will be able to apply for a temporary status. Moreover, those EU citizens that arrive after the [un]specified date will be allowed to remain in the UK at least temporary and may become eligible, however there should not have expectations of guaranteed settled status.

The proposal mentions ‘People who arrive after the cut-off date will be able to apply for a permission to remain after the UK leaves the EU, under the future immigration arrangements for EU citizens’.

What are the future immigration arrangements? Where is the certainty that Theresa May was offering?

 

The most troublesome part of the proposal is the lack of consideration for a Non-EU family members of EU nationals. What will happen with them since they no longer be able to live in the UK under the more lenient regulations of the EU. Those Non-EU nationals who have divorced their EU partners may also not be eligible to stay. The offer also fails to consider whether a UK citizen who currently is residing in Spain will retain their full free movement rights to move to Germany for example in the future.

 

Moreover, there is also no certainty as to what the ‘grace period’ will be for the EU citizens to apply for their new status. This will ‘be confirmed during negotiations’ and ‘if you haven’t received a document confirming your new immigration status by the end of this [again unspecified] period you will no longer have permission to remain in the UK. What if some EU citizens do not meet their future immigration requirements of which we have no mention whatsoever?

 

The UK offer fails to discuss the judicial enforcement, and while the EU wants the rights of EU nationals to be enforced by the Court of Justice of the European Union (CJEU), and the rules in the withdrawal agreement in accordance with pre-Brexit case law of the Court, the UK rules out the jurisdiction of the CJEU.

 

Much of the proposal uses words like ‘seek to ensure’ or ‘akin’ which does not by definition refer to certainty. It is clear that the UK position indisputably offers worse terms both for EU citizens in the UK and UK citizens in the EU. The EU proposal asked for the permanent residence documents to be respected without the need of ‘transferring’ of the status.

 

While the UK will exempt people from the requirement to have Comprehensive Sickness Insurance, it has been argued that the current UK law breaches EU law anyway. Therefore, it may seem like a ‘generous offer’ but in reality is nowhere close.

 

The proposal also is silent on British Citizenship, it does not mention anywhere how a ‘settled person’ can acquire British citizenship in the future. It only mentions that it will be possible. Does it mean that the criteria will be different and/or more expensive to those currently under EU law?

 

At the moment, it seems that the only way to completely guarantee your continued right to live and work in the United Kingdom is to become a British citizen. In order to do this, the first step is to acquire Permanent Residence.  Although, becoming a British citizen may also be a disadvantage for some nationals or if you have non-British family members living with you in the UK who are relying on your status under EU law. While, we are still awaiting a decision of CJEU in Lounes, the Advocate-General has said that non-EU nationals may be given the right to reside in a Member State in which an EU family member lived before the family member acquired the nationality of that country. However, since the UK wants to rule out the jurisdiction of the CJEU, there would be little time to benefit from any positive upcoming decision.