Tag Archives: eea

WRS and Naturalisation

Aug 2017
Impact of failing to register under the Worker Registration Scheme on the naturalisation process.

Many of EU A8 nationals who came to the UK between 2004 to 2011 and failed to register under the Worker Registration Scheme, are now hesitant to apply for a document confirming their permanent residence and / or British nationality.

Whilst it is now clear that the lack of registration does not disqualify a worker from obtaining a document confirming their permanent residence, the impact of on the naturalisation process remains unclear.

A response to a FOI request in Jan 2017 appeared to indicate that if a document confirming permanent residence had been granted, the lack of registration would be unlikely to be considered as an element of good character consideration. The FOI read: ‘ Just not registering and not realizing you had to is unlikely to be a character issue’.

Since the Home Office have confirmed that they not in fact hold any policies, guidance or other related information, which relate to registering under the Worker Registration Scheme as part of the consideration of an application for British citizenship, we questioned the basis on which the response to the FOI in Jan 2017 was given.

Part of the Home Office response read as follows:

‘ it is unlikely, presumably on the basis that our good character guidance is quite extensive and, given that is it not mentioned there is an indication that it is not a significant factor. To clarify, in order to acquire permanent residence an EEA applicant has to show that they were lawfully residence and exercising Treaty rights for a continuous period of 5 years’

The assumption is that if you qualified for permanent residence, the absence of registering under the WRS would not be a factor considered under the good character requirement for obtaining British citizenship.

As the proposed new Brexit EU settlement process may require EU nationals who have already been granted an EEA PR document to have their rights to remain in the UK re-assessed, filing for naturalisation at the earliest remains the safest option at the point in time.

If you need Immigration legal assistance with your EEA PR or naturalisation application, please contact us.

EEA PR & Comprehensive Sickness Insurance

March 2017
EEA PR – the Comprehensive Sickness Insurance Requirement – the Retrospective Effect!

With the Article 50 due to be trigger before the end of the month, many EEA nationals will be keen to file for a document proving their right to reside in the UK permanently as soon as possible.

The longstanding myth that permanent residence is acquired automatically by residing in the UK for a period of 5 years has rendered many EEA nationals oblivious to the true nature of their immigration status.

For many, the requirements to be met, the amount of documentation and information to be submitted in support of their EEA PR application, has come as a complete surprise.

With the Brexit in sight, they are now facing qualifying requirements that they have never been aware of, which are being applied to them retrospectively.

The most controversial of these requirements by far is the need to have held ‘comprehensive sickness insurance’ (CSI) when relying on periods of self-sufficiency or study.

As EEA nationals residing in the UK have access to NHS care, many will be under the impression that this access amounts to having CSI. Unfortunately this is not the case at present.

Realising that access to the NHS will not suffice, applicants will hope to be able to rely on a European Health Insurance Card (EHIC) issued by another state member as an alternative to the CSI. The Home Office policy document appears to suggest that in certain circumstances an EHIC (or E111) card would be acceptable as an alternative to having a private CSI when used to obtain a permanent residence document.

The CSI requirement is likely to impact most of the people who have spent all or part of their qualifying time in the UK in a self-sufficient capacity either studying or simply being inactive.

Many scenarios come to mind when considering the devastating effects the lack of CSI could have on applicants and their families.

These include EEA elderly parents who came to the UK to be near their EEA children. Most of them will not have ever worked in the UK and will not have been dependent on their children. Without CSI, the time spent in the UK is unlikely to count toward their permanent residence’s qualifying period. There will also be EEA nationals who took time off work to have a family or care for a loved one or to go on a retreat.
Unfortunately under the current rules, in most cases, the lack of CSI will prove to be an insurmountable obstacle.

Those who do not currently have comprehensive sickness insurance have the following options:

– purchase a Comprehensive Sickness Insurance now so that to start the clock again towards the 5 year qualifying period. This, of course, depending on the outcome of the Brexit negotiations, could turn out to be a complete waste of money;
– become a self-employed person or a worker, again resetting the clock towards permanent residence ;
-stand your ground and wait to see what the Brexit negotations bring. This is by far the bravest option. Although it is likely that something will be put in place to protect EEA nationals who have resided in the UK without having the right of residence either temporarily or permanently, there is no guarantee that this will be the case.

If you need Immigration legal assistance with your EEA PR application, please do not hesitate to contact us.

Protecting EEA nationals’ rights of residence post Brexit

What should EEA nationals in the UK do now to protect their rights?

Whilst it was initially assumed that the rights of EEA citizens living lawfully in the UK would be automatically protected, their long term status is now far from guaranteed.

Those who have already acquired permanent residence and those who have an EU right of residence but have yet to acquire permanent residence are more likely to be protected. Although strictly speaking EEA nationals are not required to document their rights, in the light of the recent developments, it would be highly advisable to obtain documents proving the exercise of EU law rights in their status in the UK.

Documents proving the exercise of EU Law rights include:

For EEA national workers and their EEA national family members

– A UK Document Certifying Permanent Residence for those who have already acquired permanent residence automatically by the operation of Law having exercised treaty rights for a continuous period of 5 years; and

– A UK Registration Certificate for those currently exercising treaty rights in the UK who have yet to acquire permanent residence

For non- EEA family members of a qualified person or an EEA national with right of permanent residence

– A UK Residence card

For non-EEA family members of EEA nationals who have acquired right of permanent residence

– A UK permanent residence card

Which form?

The EEA (PR) is for permanent residence of EEA nationals and their family member;

The EEA (QP) is for residence certificate for EEA nationals – the Home Office offers an express service at some of his premium service centers;

The EEA (FM) is for residence card for non-EEA family members and those with retained rights

The EEA (EFM) is for residence card for extended family members defined as dependant relatives

The DRF1 is for applications by family members on the basis of derived rights of residence.

What is the cost?

There is currently a mandatory fee of £65.

Non EEA family members are required to enroll their biometric information when applying for their residence card. This process costs an additional £19.20.

How long does it take?

The Home Office has an obligation to issue residence documents within six months of application.  Whilst most applications from EEA nationals are dealt with within weeks, applications from non-EEA nationals usually take months.

If you need Immigration legal assistance, please do not hesitate to contact us.

 

EEA Permanent Residence

Fast and reliable EEA Permanent Residence Service

EEA Blue Card UK Residence Documentation for a National of an EEA State

EEA PR applications from EEA nationals are currently taking between 4 to 6 weeks from the day of filing.

We offer an express and reliable service which includes:

– checking you qualify under the EEA rules;
– checking that you have completed the form correctly;
– checking you have included the necessary supporting documents;
– drafting your personal statement as well as a covering letter highlighting when you are deemed to have obtain permanent residence in the UK;  and
– ensuring your application is valid.

As part of our service, we will address issues such as criminal records, prolonged and / or unpaid absences, maintenance, self-employment, missing documents, any discrepancies, etc.

Our fees for this service varies between £550 and £750.

This service is available by formal instruction only.

For further information please do not hesitate to contact us.

EEA PR: Nationality applications ‘rejected’ by the Nationality Checking Service

September 2016 – Naturalisation applications from EEA nationals ‘rejected’ by the Nationality Checking Service.

We have recently come across a large number of EEA applicants who have found their applications for nationality turned down by the NCS on the grounds that they have held their Permanent Residence card for less then 12 months.

This is usually the case even when the applicant is in a position to show that they were granted permanent residence by the operation of law more than 12 months from attempting to file for naturalisation.

Following one of our client’s recent experience at the NCS where they were told that ‘the records showed that permanent residence had been held for less than 12 months’, we decided to contact the UKVI to seek clarification as to whether the Local Authority NCS did indeed have access to applicants’ details.

Their response reads as follows: ‘The Local Authority Nationality Checking Service (NCS) are not allowed to give any unsolicited advice on nationality or immigration matters.  As it is an unwaivable requirement that applicants have settled status they are expected to demonstrate this at the appointment.  However, if an EEA national has only held their Permanent Residence card for less than 12 months, the LA (with the applicant’s permission) can call us to see how early they were considered to be settled to enable them to apply under section 6(1) of the British Nationality Act 1981.’

 To avoid delays and additional costs, applicants should make use of the Subject Access Request to confirm the date they are deemed to have gained permanent residence 12 months or more from filing for naturalisation.

When filing for permanent residence, it is highly advisable to enclose a letter highlighting the 5 years the UKVI should take into account when assessing the application. This especially when submitting supporting documentation that runs all the way to the date of submission of the permanent residence applications.

Should the UKVI have entered an incorrect date, applicants should seek to get the said date corrected before proceeding with their naturalisation application.

For further information, please contact us.

Right to Work Checks – Workers and Employers Beware

July 2016 –The Home Office has tightened the noose on illegal working even further. This could have a considerable impact on foreign workers and employers alike if ignored.

LEGAL BACKGROUND

Sections 34 and 35 of the Immigration Act 2016 came into force on 12 July 2016.
Section 34 amends the Immigration Act 1971 by introducing a new offence of illegal working (section 24B).
Section 35 amends section 21 of the 2006 Act, which sets out the criminal office of employing an illegal worker.

ILLEGAL WORKING:

With effect from 12 July 2016, under section 24 B of the 1971 Act (as inserted by section 34 of 2016 Act) a person commits the offence of illegal working if he is:
• subject to immigration control and works when disqualified from doing so by reason of his immigration status; and
• at the time, he knows or has reasonable cause to believe that he is disqualified from working by reason of his immigration status.

A person has been disqualified by reason of his immigration status if:
• he has not been granted leave to enter in the UK; or
• his leave to enter or remain in the UK: – is invalid; or – has ceased to have effect (due to curtailment, or revocation, or cancellation, or passage of time); or
• is subject to a condition preventing the person from doing work of that kind.

In other words, a person commits this offence if they are subject to immigration control and work when they know full well, or have reasonable cause to believe, that they have not permission to do so.

The offence of illegal working is not limited to working under a contract of employment and is intended to cover all types of work, including apprenticeships and self-employment.

Under the new offence, wages from illegal working can be seized as the proceeds of crime. In England and Wales carries a maximum penalty of six months’ imprisonment and/or an unlimited fine. The fine is limited by status in Scotland and Northern Ireland.

EMPLOYING AN ILLEGAL WORKER

Section 21 of the 2006 Act (as amended by section 35 of the 2016 Act) an employer commits an offence if he employs an illegal worker and knows or has reasonable cause to believe that the person has no right to do the work in question. This means that an employer can no longer evade prosecution by claiming that they did not know that the employee in question had no permission to work.

The amended offence allows the investigating agency to prosecute employers when it is found that ‘the employer have reasonable cause to believe that the employee could not undertake the employment, even where they perhaps deliberately ignored the information or circumstances that would have caused the employer to know that the employee lacked permission to work.’

The offence of employing an illegal worker is not limited to staff under a contract of employment, it also applies to contracts of service or apprenticeship, whether expressed or implied, whether oral or in writing.

The maximum sentence on indictment for this offence has been increased from 2 to 5 years.
The civil penalty of up to £20,000 per illegal worker will continue to be applied as sanction in most routine cases – however the Home Office has warned that in serious cases, prosecution may be considered where it is an appropriate response to non compliance.

The UKVI have published a new guide, which can be found at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/536953/An_Employer_s_guide_to_right_to_work_checks_-_July_16.pdf

The guide applies to checks required on or after 16 May 2014.

EEA Premium Service Centre Appointments

Urgent Home Office appointments for EEA / Croatian applicants – Registration Certificate – Yellow, Purple and Blue certificate for Croatian nationals.

Biometric premium appointments can be obtained by an applicant via  the UKVI’s website. If you are unable to secure a premium appointment, we may be able to assist. Our fees to secure an appointment on your behalf is £250 per person plus disbursements (mainly the UKVI’s fees), if applicable. As the Home Office only release 7 EEA premium appointments per day, EEA appointments are often extremely scarce. Accordingly you will need to be willing to attend any appointment we manage to secure on your behalf as cancelling is not an option.

We would advise you to please only consider using this service where you are certain that you will be able to keep to the appointment allocated.

Family/multiple slots are extremely rare, accordingly clients are advised to contact us as early as possible to avoid disappointment.

Securing an appointment is only part of the service we offer. Additional costs will occur if  you need Immigration Legal advice as well.