We understand that there is widespread concern about the outcome of the EU Referendum. There are already increased reports of racism and hate crime. Greater Manchester Immigration Aid Unit exists to support anyone who is subject to immigration control and to oppose racism in all its forms. This is a time for us to renew our commitment to providing that support and to ensuring that we provide the best service that we can in these uncertain times.
Whilst we do not know what is going to happen over the coming months and years we do know that nothing will happen immediately. This means that anyone who is concerned has time to think about what you might need to do to protect your rights and your entitlements to remain in the UK.
We understand that there is widespread concern about the outcome of the EU Referendum. There are already increased reports of racism and hate crime. Greater Manchester Immigration Aid Unit exists to support anyone who is subject to immigration control and to oppose racism in all its forms. This is a time for us to renew our commitment to providing that support and to ensuring that we provide the best service that we can in these uncertain times.
Whilst we do not know what is going to happen over the coming months and years we do know that nothing will happen immediately. This means that anyone who is concerned has time to think about what you might need to do to protect your rights and your entitlements to remain in the UK.
I am an EEA national and I want to become British. What do I do?
The Home Office require that you have a permanent residence card prior to your application for British citizenship. You can apply for a permanent residence card using the EEA(PR) form. The application costs £65. Please see section below regarding the requirements for permanent residence.
Once you obtain your permanent residence card then you will need to ensure you meet the standard requirements for naturalising as a British citizen. The standard requirements for EEA nationals are:
- you’re 18 or over
- you’re of good character, eg you don’t have a serious or recent criminal record, and
- you haven’t tried to deceive the Home Office or been involved in immigration offences in the last 10 years
- you’ll continue to live in the UK
- you’ve met the knowledge of English and life in the UK requirements
- you meet the residency requirement of having lived in the UK for at least the 5
- years before the date of your application
- spent no more than 450 days outside the UK during those 5 years
- spent no more than 90 days outside the UK in the last 12 months
- been granted permanent residence if you’re an EEA national (and you have a permanent residence card or document that shows you have permanent residence)
- had permanent residence if you’re an EEA national with a permanent residence card or document that shows you have permanent residence in the UK for the last 12 months
- not broken any immigration laws while in the UK
For adults the application to naturalise as a British citizen is made using the AN form and costs £1,236.
I have been in the UK for 5 years exercising my EU treaty rights. What should I do?
It is advisable to apply for permanent residence as soon as possible. You will need to provide evidence that you have lived in the UK for 5 years, evidence of your work, job seeking, incapacity for work or studies, self-employment or self-sufficiency (with private health insurance) covering each of the 5 years leading up to the date of application. You can apply for a permanent residence card using the EEA(PR) form. The application costs £65.
I am an EEA national and I have not yet been living and exercising treaty rights in the UK for five years. What should I do?
You can still apply for a residence certificate to prove your rights to live and work in the UK provided you are exercising treaty rights at the time you make the application (for example working or job seeking OR studying or self-employed with private health insurance). This application is made on form EEA(QP) and costs £65. Information is provided at: gov.uk/eea-registration-certificate
I am a family member of an EEA national. What should I do?
Family members of EU nationals should also apply for a document to prove your right to residence as soon as possible. If you or your EEA national family member have been here for five years or more exercising treaty rights, then you can apply for permanent residence on form EEA(PR).
If you have been in the UK for less than five years and/or you have been exercising treaty rights in the UK for less than five years, you can apply for a residence certificate on form EEA(FM) provided you are exercising treaty rights at the time you make the application. Both applications cost £65.
Get the application right first time
It is important that you get the applications right first time and enclose all relevant evidence in light of the inevitable long delays in the EEA department at the Home Office and the unknown pace of change.
The increasing importance of having documents to prove residence
Our view is that it will become increasingly important to have a document to prove your residence. On 12th July 2016 the Immigration Act 2016 brings in powers for the police, landlords, banks and others to check immigration status and many might misunderstand the position for EEA nationals. So a registration card or permanent residence card might be helpful. This might also be important in the future because there may be a cut-off date to determine who is under the ‘old’ versus any ‘new’ agreement.
There is already a delay in the EEA department of the Home Office and with the increased number of applications people may be without documents for more than 6 months whilst they are waiting. Everyone should send their applications by ‘recorded’ or ‘special delivery’ and keep copies of their documents as evidence.
Hate Crime
If you are the victim of racism or hate crime you should report this to the police in Greater Manchester.