Applications for documents confirming the rights of EEA nationals and their dependants including applications for documents certifying permanent residence.
The rights of EEA nationals have not as yet been affected by Brexit but such nationals are increasingly asking for advice about their status and their future status. EEA nationals can not necessarily remain in the UK beyond an initial three month period. They generally need to be exercising what is known as a “Treaty right”, or to be permanently resident in the UK.
JHI can advise on what it actually means to be exercising such a “Treaty right.” Questions that often come up include; Does part time work mean that an EEA national will be recognised as being a worker? What does it mean to be self sufficient? Does a student’s access to the NHS mean that they have the medical insurance required to be regarded as a student under the EEA regulations?
The rights of non EEA national dependents are linked to the status of the EEA national and JHI can advise non EEA family members on applications for residence cards but also on what happens if their relationship with the EEA national comes to an end and their possible retention of rights to live in the UK.
Increasingly EEA nationals and their dependents are applying when eligible for confirmation that they are permanently resident in the UK. JHI advises that it is often sensible to make such applications despite the Home Office telling people that they do not need to.
Even after Brexit it seems that to hold a permanent residence card will simplify any further application needed for “ settled status”, the new status being mooted during the Brexit negotiations. Holding such a card is also an essential step towards naturalising as a British citizen.
JHI can advise on the law, the documents needed to support an application for a permanent residence card and the different ways of submitting an application.
EEA law is often complicated to understand and JHI can advise on questions relating to nationality and British nationality and when it is not sensible for an EEA national to apply to become British! Advice can also be given on the rights of the dependents of British nationals who have been living elsewhere in Europe ( Surinder Singh) and on the rights of people caring for EEA nationals ( Zambrano).