BREXIT


Brexit page

The result of the 2019 General Election has given Boris Johnson’s Conservative Government the majority he needs to pass his Brexit deal. This will allow the UK to officially leave the European Union, implementing the “Leave” vote in the 2016 nationwide referendum. It is important that following Brexit you know your rights and entitlements. Please get in touch so Danielle and her team of immigration solicitors can help advise on your specific situation. The contact details are here.

How will Brexit affect me?

The passing of the Withdrawal Bill triggers the starting of the “transition period”. This transition period is due to run until the end of 2020. Up to this point, the rights of EU nationals in the EU remain the same. Therefore, it is important to remember that there are no changes from a legal perspective until the end of 2020. In this way, as per current EU and UK law, EU workers are entitled to the same rights and treatment as UK workers.

The Points-Based System

Once the transition period ends, the Johnson government has indicated its desire to implement a points-based system of immigration. Under this system, applicants are awarded points according to their attributes. They can only qualify for a visa if they obtain the necessary points threshold. This renewed system is expected to prioritise high-skilled, high paid workers over lower earners and will apply to both EEA and non-EEA nationals when fully implemented.

The UK fully adopted the Points Based System (for non-EEA nationals) in 2010 and so at Danielle Cohen Solicitors we already have extensive experience making applications under the different tiers of the Points Based System.  In particular, we have experience making applications under Tier 1, Tier 4 and Tier 5 routes. We also have a track record of making Tier 2 applications and we have acted both for individuals who wish to be granted entry clearance and companies who seek a sponsorship licence. Our costs for the respective applications can be found on our website.

The EU Settlement Scheme

Due to the fact that the UK is leaving the EU, if you are an EEA national and you have a permanent residence document, this will not be valid after 31 December 2020. In order to protect your rights, you will need to apply for settled status. Alternatively, you may wish to apply for citizenship. We can assist you to make both applications. If you wish to make an appointment for an initial consultation, please call the office on 0207267163.

A successful EU Settlement Scheme application leads to settled or pre-settled status.

Can I apply for British citizenship?

We can also help you make an application to naturalise as a British citizen. EEA nationals who have held permanent residence status in the UK for at least 12 months are eligible to apply for British citizenship. In addition, in order to apply you must have lived in the UK for a minimum of 5 years before and you must have been physically present in England, Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands on the day 5 years before the application is received by the Home Office. It is also important that you have not broken the continuity periods set by the Home Office. This means that you must not have had more than 450 days outside the UK in the five-year period before making the application and you must not have had more than 90 days outside the UK in the 12-month period before making the application. However, the Home Office can exercise discretion in certain circumstances for excessive periods of absence.

In order to make a successful application we will complete the online form AN (https://visas-immigration.service.gov.uk/product/nationality-an), compile a bundle of evidence to show that you meet the legal requirements and submit legal representations in support of your application. It is essential that you provide your passport, proof that you have satisfied the English language requirement and a certificate to show that you have passed the Life in the UK test. The English requirement is fulfilled by either having a degree that was taught in English or passing a language test recognised by the UK government, to the level of CEFR level B1.

Find Out More About Brexit

If you require assistance please contact Danielle Cohen Solicitors on 020 7267 4133, send us an email at danielle.cohen@daniellecohen.co.uk or visit our Understanding Brexit Immigration Law website to understand more about Brexit.