13/07/2016

Following the recent vote to leave the EU there has been much concern regarding the status of EU nationals, the Home Office has now confirmed, “there has been no change to the rights and status of EU nationals in the UK, and UK nationals in the EU, as a result of the referendum”.

The UK remains a member of the EU until Article 50 has been invoked and negotiations to leave have been concluded.

Until that time;

  • EU nationals who have lived continuously and lawfully in the UK for at least 5 years automatically have a permanent right to reside. This means that they have a right to live in the UK permanently, in accordance with EU law. There is no requirement to register for documentation to confirm this status
  • EU nationals who have lived continuously and lawfully in the UK for at least 6 years are eligible to apply for British citizenship if they would like to do so.
  • EU nationals who have lived continuously and lawfully in the UK for less than 5 years continue to have a right to reside in the UK in accordance with EU law. EU nationals do not need to register for any documentation in order to enjoy their free movement rights and responsibilities.

The government does not plan to remove EU nationals from the UK and there has been no change to the right of EU nationals to reside in the UK.

As was the case before the referendum, EU nationals can only be removed from the UK if they are considered to pose a genuine, present and sufficiently serious threat to the public, if they are not lawfully resident or are abusing their free movement rights.

If you would like any more information on immigration or any aspect of employment law please contact Nick Phillips or Tim Bailey on 01782 205000 or nick.phillips@beswicks.com or tim.bailey@beswicks.com