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Brexit Update –Home Office confirms current status of EU nationals in the UK

Posted by Ilham Malik on April 10, 2017

Brexit Update – Home Office confirms current status of EU nationals in the UK

On 07/04/17 the Home Office published guidance advising on the status of EU nationals in the UK following the triggering of Article 50 on 29/03/17.  The Home Office confirms the UK remains a full member of the European Union (EU) until it exits the EU and all the rights and obligations of EU membership remain in place until then:

“You do not need to do anything as a result of Article 50 being triggered. There will be no change to the rights and status of EU nationals living in the UK while the UK remains in the EU.”

The Home Office confirms that the rights of UK nationals in the EU, and EU nationals in the UK is a priority issue in the forthcoming Brexit negotiations and further information on the status of EU nationals will be published once an agreement is finalised.  In addition, the Home Office confirms:

  • EU nationals who have lived in the UK for more than 5 years do not have to take any action as a result of Article 50 being triggered. Permanent residence status remains a right under EU law
  • EU nationals who have lived in the UK for less than 5 years do not have to take action a as a result of Article 50 being triggered. There is no change to the rights of EU nationals while UK remains a part of the EU
  • EU nationals continue to have the right to enter and live in the UK while the UK remains a part of the EU
  • Non-EU family members continue to have a right to enter and live in the UK with their EU national family members
  • Irish nationals continue to have same rights and status while the UK remains in the EU
  • Croatian nationals continue to have the same rights and status while the UK remains in the EU

The Home Office has further confirmed EU nationals can only be removed from the UK if they fall under the following categories:

  • EU nationals that are considered to pose a serious threat to the public
  • EU nationals that are not lawfully resident or are abusing their freedom of movement rights

Contact Us

If you would like to seek immigration advise on how Brexit may affect your status in the UK or how to apply to for a family permit, registration certificate, residence card or permanent residence documentation you can contact one of our legal advisors on 0208 995 3556 or by email us at info@descartessolicitors.co.uk.