EU Nationals and Settled Status

EU nationals who have been living and working in the UK for five years are automatically entitled to permanent residence status.  A permanent residence card will confirm this status and ensure that you are in a position to apply for British Citizenship, should you wish to do so in the future.

If you are an European Economic Area (EEA) national, under Regulation 15 of the EEA Regulations 2006 you may apply for permanent residence in the UK after five years continuous residence.

The countries which from part of the EEA are:

• Austria
• Belgium
• Bulgaria
• Croatia
• Cyprus
• Czech Republic
• Denmark
• Estonia
• Finland
• France
• Germany
• Greece
• Hungary
• Iceland
• Republic of Ireland
• Italy
• Latvia
• Liechtenstein
• Lithuania
• Luxembourg
• Malta
• The Netherlands
• Norway
• Poland
• Portugal
• Romania
• Slovakia
• Slovenia
• Spain
• Sweden

Although Switzerland is not part of the EEA, its citizens enjoy the same rights as EEA nationals.

Stop Press!  The British nationality (General) (Amendment No.3) Regulations 2015 which come into force on the 12^th November 2015 will require individuals relying on the automatic EU right of Permanent Residence after five years must now show they have been issued a Residence Permit or Permanent Residence before making the application for naturalisation.

This will represent a significant change to the way applications for permanent resident status from EEA nationals is dealt with.  Previously a residence permit was mainly acquired by both EEA and non-EEA national family members [who derived his / her residential rights from an EEA national] and following 5 years applied for permanent residence or following settlement applied for British Citizenship.

These new rules make it imperative that anyone seeking permanent residence as an EEA citizen/non-EEA family member seek legal advice.  OTS was one of the first law firms to publish an article alerting the public to this change in law, which took place before Brexit and which will affect so many, a fact which demonstrates our expertise in the granting of permanent residence.

At OTS Solicitors our Immigration solicitors, based in London, will ensure the best representation and outcome for you and your family at every stage of the Immigration process. We understand how recent developments surrounding Brexit have resulted in many people and their families feeling exposed and vulnerable. Our down-to-earth team will guide you through your options and assist you with every step of the application process.

If you think that you may have entitlement to permanent residence in the UK and you would like to apply for a permanent residence card, please do not hesitate to contact our Immigration team based in the City of London on 0203 959 9123 or contact us through our online enquiries form.

EU National Permanent Residence Application

The current Permanent Residence application fee is £65 per person.  The Home Office must make a decision on your case within six months. If it fails to do so, we will bring a claim for compensation.

There is no English language proficiency or Life in the UK test required to obtain an EU Permanent Residence Card, however, the application form is over 80 pages long; don’t be intimidated, we will help you understand it quickly and thoroughly.

The benefits of obtaining an EU Permanent Residence Card

A EU Permanent Residence Card proves your right to employers, landlords and government officials that you have obtained permanent residence status in the UK.

Our Immigration experts have vast experience in all matters involving Permanent Residence cases and appeals.  By engaging our solicitors to manage your application and collate the necessary documents, you can be assured that your Permanent Residence Card will be received quickly.  If it is not, we will follow up with the Home Office on your behalf, to discover the reason for the delay and rectify the situation as swiftly as possible.

To assist you in understanding the process of obtaining an EU Permanent Residence Card, we have outline some key facts and benefits of obtaining a Permanent Residence Card below.

• Proof of residency status – Before an EU national becomes a permanent resident in the UK s/he must be a qualified person, i.e. an employee, self-employed, student, retired, or self-sufficient for at least five years. There are also potential difficulties with obtaining public funds (especially under the current government policy) before the five-year period is up. By acquiring a Permanent Residence Card, you can be more relaxed in sense of exercising Treaty rights and may access public funds should you need a help;
• EU(PR) and British Citizenship – From November 2015, EU nationals wishing to apply for British Citizenship must have a Permanent Residence Card and submit it with their application.
• Family members, extended family members, same-sex and unmarried partners of an EU national – If you have acquired a Permanent Residence Card it is easier to show officials that you are a ‘settled person’ for the purposes of bringing non-EU family members and unmarried or same-sex partners to live with you in the UK;
• Removal and Deportation – In removal and deportation cases, the decision maker will take into account whether a person has acquired permanent residence in the UK. The Home Office can only deport you on serious grounds of public policy or public security if you hold permanent residence status. We have seen that in deportation and removal cases, our clients would benefit from having their right of permanent residence confirmed by holding a Permanent Residence Card.
• Protection and Immigration Status – and finally as the people of Great Britain have voted to leave the European Union, if you have obtained a document certifying your right to permanent residence in the UK, you may be better protected to remain in the UK indefinitely. The changes of Immigration policy and legislation if the UK government legally and formally exits the EU are still unknown.  However, as an EU national with a Permanent Resident Card, you will have peace of mind that you won’t need to evidence your right to permanent residence should the UK exit the EU and you can apply for British Citizenship after 12 months.

Relying on OTS Solicitors to Submit your Application

Our Immigration solicitors have the expertise and experience needed to put together a comprehensive application for permanent residence applications as an EEA national. We enjoy an extremely high success rate with all the permanent residence applications we submit and we provide all our clients with an exceptional level of client care.  We can also answer any questions the Home Office may have regarding your application on your behalf.

When you engage our services you can expect the following standard of service:

• Based on the information you provide us, detailed advice as to the UK Immigration laws that apply to your case
• A clear, concise discussion with an your solicitor, outlining the strengths and weaknesses of your application
• Advice as to what documentation you will need to provide to support your application
• Assistance with filling in the relevant application forms
• Full follow-up with the UK Border Agency if there are any questions or problems with your application
• Advice on appeals or applications for administrative or judicial review should you application be denied
• Your Immigration solicitor will prepare strong detailed legal representations setting out the legal framework to support your application

OTS Solicitors is registered with and regulated by the Solicitors Regulation Authority.

Our Fees

We can offer a fixed fee service for a permanent residence application for EEA nationals in some circumstances.  We can also offer payment options if required.

Why choose OTS Solicitors

We are experts in the field of Immigration law.  We also understand business and advise many commercial organisations concerned about the future residency status of their EU national staff.  We know how much investment is made in training new staff (we are in business ourselves).  By providing information on EU Permanent Residence Cards, we ensure the morale of your non-British staff remains high and you know that they can continue to work and reside in Britain, regardless of the wider decisions made in response to the Leave result.  Our solicitors are also alert to changes in Immigration law as it happens and regularly provide updates to our business clients, either through our blog, externally published articles or newsletters.

We provide the same level of service to all our clients, no matter how big or small.  You can be assured of sensible, well-researched advice and friendly, supportive service.  We don’t disappear after your case is concluded, we provide strong follow-up contact and are always available when our clients need us.

If you think that you may have entitlement to permanent residence in the UK and you would like to apply for a permanent residence card under the EU PR form; or if you have any questions in relation to your Immigration status as a European national, please feel free to contact our UK Immigration team on 0203 959 9123. We will gladly assist you to obtain the best outcome for your matter.

If you are an EEA family member of an EEA national, you can apply for a Permanent Residence Card after living in the UK continuously for five years.

Eligibility for Permanent Residence as a Family Member of an EEA National

In order to be eligible for permanent residence as a family member of an EEA National, you must meet the following criteria laid out in Form EEA(PR):

You must be:

• a family member or extended family member of an EEA national qualified person or permanent resident,
• a former family member of an EEA national if you’ve retained your right of residence after the EEA national died or left the UK, or your/their marriage or civil partnership ended in divorce, annulment or dissolution, or
• a family member of a British citizen who worked or was self-employed in another EEA state before returning to the UK (‘Surinder Singh’ cases).

You can also qualify if you are:

• the family member or extended family member of an EEA national who has ceased activity, or
•  the family member or extended family member of an EEA national former worker or self-employed person who has died.

The Definition of a Family Member and Extended Family Member

Family members are defined as:

• a spouse or civil partner
• a (or their spouse or civil partner’s) child or grandchild who is either under 21 or a dependant
• a (or their spouse or civil partner’s) dependent parent or grandparent

Extended family members are defined as:

• brother or sister
• cousin
• aunt or uncle
• niece or nephew

You must also either:

• have lived in the same house as them before and after coming to the UK
• have a serious medical condition that means you need their personal care

In most cases you need to have lived in the UK for at least five years.

Why Engage OTS Solicitors to Submit your Application

Our Immigration solicitors have the expertise and experience needed to put together a comprehensive application for permanent residence applications as a family member of an EEA national. We enjoy an extremely high success rate with all the permanent residence applications we submit and we provide all our clients with an exceptional level of client care.  We can also answer any questions the Home Office may have regarding your application on your behalf.

When you engage our services you can expect the following standard of service:

• Based on the information you provide us, detailed advice as to the UK Immigration laws that apply to your case
• A clear, concise discussion with an your solicitor, outlining the strengths and weaknesses of your application
• Advice as to what documentation you will need to provide to support your application
• Assistance with filling in the relevant application forms
• Full follow-up with the UK Border Agency if there are any questions or problems with your application
• Advice on appeals or applications for administrative or judicial review should you application be denied
• Your Immigration solicitor will prepare strong detailed legal representations setting out the legal framework to support your application

OTS Solicitors is registered with and regulated by the Solicitors Regulation Authority.

Our Fees

We can offer a fixed fee service for a permanent residence application as a family member of an EEA national in some circumstances.  We can also offer payment options if required.

To find out more on how we can advise you on your application for permanent residence as a family member of an EEA national, please phone our office on 0203 959 9123.  We would be happy to offer an initial consultation over the phone, or you can make an appointment to see us in our London office.

Following the referendum held on 23^rd June, where a small majority of the British people voted to leave the European Union, there has been a marked increase in number of EU nationals living in the UK applying for British Citizenship.

At OTS Solicitors, our Immigration law solicitors will guide you through the process of obtaining British naturalisation and citizenship.  We understand that the process of obtaining naturalisation involves a significant investment of time and money on your part; therefore, we provide our clients with confidence that their forms have been filled in correctly and the right documents collated to ensure the success of the application.

The most common way to gain British Citizenship is through naturalisation.  The legislation that governs the naturalisation process is the British nationality Act (BNA) 1981.

Eligibility for UK naturalisation

The basic eligibility requirements for naturalisation are as follows:

• You must be over 18 years
• You must be of good character
• You must have a good command of the English language
• You must pass the Life in the UK test
• You must intend to live in the UK
• You must meet the residence requirements which include an assessment of your absences from the UK and where you intend to live after making the application;

What is ‘good character’?

‘Good character’ is not defined in the BNA 1981.  Factors that would alert a Home Office decision-maker that an applicant was not of good character include:

• The applicant has been convicted of a crime
• They have been involved in war crimes, crimes against humanity terrorism or genocide
• They have been made bankrupt or have failed to pay taxes
• Their actions are so notorious they have affected their standing in the local community
• They have lied or deceived the UK Government
• They have previously been denied citizenship.

This list is not exhaustive.

Life in the UK Test

The Life in the UK test is a computer-based test constituting one of the requirements for anyone seeking Indefinite Leave to Remain in the UK or naturalisation as a British citizen. The test has 24 questions and lasts around 45 minutes. You will need to get at least 75% of the answers right to pass this British Citizenship test.

You can book the online test seven days in advance. It costs £50 and there are around 60 tests centres in the UK. You don’t have to take the test if you are over 65.

Residence requirements

The residence requirements are as follows:

• You must have been living in the UK for six years before you make an application
• During the six-year period you must not have been outside the United Kingdom for more than 450 days (about 15 months); and
• During the last 12 months of the six-year period you must not have been outside the UK for more than 90 days; and
• During the last 12 months of the six-year period, your stay in the United Kingdom you must have held permanent residence/ Indefinite Leave to Remain (ILR); and
• You must not have been living in the United Kingdom in breach of the UK Immigration rules at any time during the six-year period ending on the date that the application is received by the Home Office.

Our Immigration law experts will take you through these requirements in detail, to ensure you understand exactly what is required to obtain naturalisation.  We take the time to listen to our clients, and explain complex Immigration law terms in a straight-forward manner.

Permanent Residence Card

EU citizens automatically acquire the status of permanent residence after living in the UK for five years and exercising their Treaty rights. They need to hold this status for one year before they can apply for naturalisation – this has not changed.

However, from November 2015, EU nationals must obtain a document, in the form of a Permanent Residence card certifying that status.

The application for a Permanent Residence Card costs £65 and can take up to six months to process.  It is imperative that you obtain this card before you make your application for British naturalisation, or your application will not be accepted.

The Home Office will need to see evidence that you have been residing in the UK and exercising your Treaty rights for five years.

Applying for naturalisation as the spouse of a British citizen

If you are an EU national married to a British citizen, you can apply for British naturalisation after three years.  Other than the shorter time period required before you can apply for naturalisation, the eligibility criteria are the same.

Why choose OTS Solicitors

We are experts in the field of Immigration law.  As well as helping private clients obtain British nationality, we also understand business and advise many commercial organisations concerned about the future residency status of their EU national staff.  We know how much investment is made in training new staff (we are in business ourselves).  By providing employers with information on British nationality and citizenship, we can help ensure the morale of your non-British staff remains high. You can be confident that your skilled workers can continue to work and reside in Britain, regardless of the wider decisions made in response to the Leave result.  Our solicitors are also alert to changes in Immigration law as it happens and regularly provide updates to our business clients, either through our blog, externally published articles or newsletters.

We provide the same level of service to all our clients, no matter how big or small.  You can be assured of sensible, well-researched advice and friendly, supportive service.  We don’t disappear after your case is concluded; we provide strong follow-up contact and are always available when our clients need us. 

If you think that you may have entitlement to permanent residence in the UK and you would like to apply for a British naturalisation; or if you have any questions in relation to your Immigration status as a European national, please feel free to contact our UK Immigration team on 0203 959 9123. We will gladly assist you to obtain the best outcome for your matter.

All EU nationals and their non-EU family members enjoy an initial three months right to residence in the UK. Following the three months, only qualified persons and their family members have a right to reside in the UK. A qualified person is a person who is essentially economically active or self-sufficient, thus they could be:

• workers and jobseekers
• self-employed
• self-sufficient
• students
• retired

An application for a Registration Certificate or a Residence Permit will confirm that you have a right to live and work in the UK and employers may require this as proof of your entitlement to work in the UK. These applications are normally considered and decided within six months from the date they are received by the Home Office.

Our expert Immigration solicitors can assist you and your family members with obtaining a Residence Permit.

The advantages of a Registration Certificate or a Residence Permit

Although a registration certificate is not legally required for EU nationals who are exercising their treaty rights, having one can:

• make it easier to claim certain benefits and services
• prove you have a right to work in the UK
• give you and your family confidence in your right to remain in the UK post-Brexit

At OTS Solicitors, we will take the time to explain the positive benefits of obtaining an EU national Residence Permit.  Our solicitors are some of the most experienced in the UK.

The difference between a Registration Certificate and a Residence Permit

Nationals of countries in the European Economic Area (EEA) or Switzerland may be able to obtain a Registration Certificate. A Registration Certificate may be used as proof that they are entitled to live in another European country, including the UK, under European law.

Residence Cards are similar to Registration Certificates, in that they are also used to provide proof of an entitlement to live in the UK under EU law; however, they apply to non-European family members of EEA or Swiss nationals. Residence Cards generally remain valid for five years.

Neither a registration Certificate or a Residence Permit give any new rights to the holder, instead they confirm the rights the person holding the document already has under EU law.

How to apply for a Residence Permit

All applications cost £65 per applicant and must be sent to the Home Office for processing.

Qualified persons

If you are a qualified person you need to apply by filling in a ‘EEA (QP)’ form.

Apply as a family member

If you are a close family member of a qualified person, or you have a retained right of residence, you can apply for a Residence Permit as a ‘family member’.

Family members are defined as a qualified person’s:

• spouse or civil partner, or;
• child or grandchild who is either under 21 or a dependant (or the child or grandchild of their spouse of partner), or;
• dependent parent or grandparent (or the dependent parent or grandparent of their spouse of partner)

Apply as an extended family member

Other family members, known as (‘extended family members’) of a qualified person can apply for an EU Residence Permit.   You’re classed as an extended family member if you are the qualified person’s (or their spouse or civil partner’s):

• brother or sister, or;
• cousin, or;
• aunt or uncle, or;
• niece or nephew, or;

To obtain a Residence Permit you must also either:

• have lived in the same house as the qualified persons before and after coming to the UK, or;
• have a serious medical condition that means you need their personal care

Apply as a ‘family member of a student’

If your family member is a qualified person because they’re a student, you can apply for an EU Residence Permit if you’re:

• their spouse or civil partner, or;
• their (or their spouse or civil partner’s) dependent child

Apply as an ‘extended family member of a student’

You can apply for an EU Residence Permit as an extended family member if you’re the student’s (or their spouse or civil partner’s):

• parent, or;
• grandparent, or;
• grandchild, or;
• brother or sister, or;
• cousin, or;
• aunt or uncle, or;
• niece or nephew

Apply as an unmarried partner

Unmarried partners can apply for an EU Residence Permit if they can show that they are in a continuous and lasting relationship with the qualified person.

Premium service

If you want to obtain your EU residence card quickly you can apply for a premium, same day service.  To do this you must be living in the UK.  We can organise a same day service for you.  Family members and extended family members cannot use the premium service.

Supporting documents

Various documents must be submitted together with the application form including:

• all the applicants’ passports.
• proof that the applicant is a qualified person, i.e. an employment contract and wage slips
• marriage or civil partnership certificates or birth certificates to prove the family relationship between all applicants.
• for applicants who are unmarried partner – documents which prove that they live together – such as joint utility bills, bank account statements or tenancy agreements.
• two passport photographs for each individual applicant

Our expert team of Immigration solicitors will ensure that all supporting documents are collated and sent to the Home Office with the correct application forms.  If there are any questions regarding your application, we will deal with the Home Office on your behalf.

Why choose OTS Solicitors

We are experts in the field of Immigration law.  We also understand business and advise many commercial organisations concerned about the future residency status of their EU national staff.  We know how much investment is made in training new staff (we are in business ourselves) and we will partner with you to advise on the Immigration status of your workforce.  Our solicitors are also alert to changes in Immigration law as it happens and regularly provide updates to our business clients, either through our blog, externally published articles or newsletters.

We provide the same level of service to all our clients, no matter how big or small.  You can be assured of sensible, well-researched advice and friendly, supportive service.  We don’t disappear after your case is concluded, we provide strong follow-up contact and are always available when our clients need us.

If you wish to apply for a Registration Certificate or a Residence Card or if you have any questions in relation to your Immigration status as a European national, please feel free to contact our UK Immigration team on 0203 959 9123. We will gladly assist you to obtain the best outcome for your matter.

The team at OTS solicitors can assist you in applying for a Residence Permit if you are a family member or extended family member of an EU national.  We are a friendly, multi-lingual firm.  Our solicitors are experts in completing application forms and collating relevant supporting documents.  We have a strong reputation for having our applications approved straight away by UK Visas and Immigration.

EU Family Permit

Family members of EU nationals wishing to come to the UK must go through a two-stage process.  First they must apply for a EU Family Permit from outside the UK.  An EU Family Permit will generally be issued for five years and allows the applicant to work and travel in the UK free from restrictions.

The conditions that must be met to obtain a family permit differ depending on whether you are a spouse, unmarried partner, dependent child, parent or grandparent of an EU national.

Spouse

If you are a spouse applying for a family permit you must provide proof that:

• the EU citizen is exercising their Treaty rights in the UK (through being employed, self-Employment, in study or self-sufficient)
• you must be legally married to each other and the marriage must be recognised by the UK
• you must have met each other (this is to prevent forced marriages)
• you must intend to live together

Unmarried partners

Unmarried partners must meet the same criteria as married couples, however, they must also prove that they are in a ‘durable relationship’, i.e. that you and your partner have been living together in a relationship akin to marriage or civil partnership for at least two years.

Children

A child must be under 21 years old unless they are dependent on you for their care.

Parent or Grandparent

To obtain a family permit a parent or grandparent must be dependent on you for their daily care.

Extended family members

You can apply as an ‘extended’ family member’, e.g. brother, sister, aunt, uncle, cousin, nephew or niece if you are dependent on the EU national.  You must have lived with the EU national before they came to the UK and be dependent on them to care for you.

Students

You can apply as the family member of an EU national student if you’re either the student’s:

• spouse or civil partner
• dependent child, or their spouse or civil partner’s dependent child

For students, children of all ages must be dependent on the EU citizen.

You must apply as an extended family member if you’re otherwise related to an EU national student and want a family permit.

Documents required

You must provide:

• your passport
• evidence of your relationship to your EU family member, e.g. marriage certificate, civil partnership certificate, birth certificate or proof that you’ve lived together for two years if unmarried (this could include testimonies from friends and relatives, a joint mortgage etc.)
• your family member’s valid passport or national identity card (or a certified copy if you can’t provide the original)
• proof that you are dependent on the EU national family member (if required)

You must apply for a Family Permit online (unless you are from North Korea).

EU National Family Member Residence Card

The second stage of the process is to apply for a Residence Card as the family member of an EU citizen.  To be eligible for a Residence Permit you must show that the EEA national who is your family member or extended family member is a ‘qualified person’.

Qualified person

A ‘qualified person’ is an EU citizen who is exercising their EU Treaty rights.  To stay in Britain longer than three months, an EU national must be:

• working
• studying
• self-employed
• economically self-sufficient

In some situations, job-seekers can be classified as a qualified person.  This derives from the European Court of Justice decision in The Queen v Immigration Appeal Tribunal, ex parte Gustaff Desiderius Antonissen which held that an EEA national who has entered another member state to seek work should continue to be classed as a worker for six months after entry to be allowed to look for work. After that, if he or she produces evidence of a continued search for Employment and of genuine chances of being hired, their status as a ‘qualified person’ may be retained.

Documents required

For each person on the application you’ll need to provide:

• your passport
• your EU Family Permit
• two passport size colour photographs
• one passport size colour photograph of your EU national sponsor
• your EU sponsors passport
• evidence of your relationship to your EU family member – e.g. marriage certificate, civil partnership certificate, birth certificate, or proof that you’ve lived together for two years if you’re unmarried

You also need to provide proof of one of the following, depending on your eligibility:

• that your EEA family member has a permanent right of residence
• that your EEA family member is a ‘qualified person’

Our expert solicitors will ensure all your documentation is correctly submitted and will answer any questions asked by UK Visas and Immigration on your behalf.

Why choose OTS Solicitors

We are experts in the field of Immigration law.  We believe that families should stay together and understand the importance that rests on obtaining a Family Permit and Residence Card.  We will do everything possible to ensure your application is processed quickly, smoothly and successfully, so you and your family can move on with your life together in the UK.

Our solicitors are also alert to changes in Immigration law as it happens and regularly provide updates to our business clients, either through our blog, externally published articles or newsletters.

We provide the same level of service to all our clients, no matter how big or small.  You can be assured of sensible, well-researched advice and friendly, supportive service.  We don’t disappear after your case is concluded, we provide strong follow-up contact and are always available when our clients need us. 

If you wish to apply for an EU Family Permit and/or Residence Card or if you have any questions in relation to your Immigration status as a European national, please feel free to contact our UK Immigration team on 0203 959 9123. We will gladly assist you to obtain the best outcome for your matter.

OTS Solicitors have a proven reputation as experts in EU Immigration law.  This is demonstrated by our in-depth knowledge of the often complex principles of EU family members’ derivative rights.

We have a well-established record of having EU Derivative Right card applications approved.  We will discuss your case in detail with you and outline the strengths and weaknesses of your case in a simple, uncomplicated manner.

Derivative rights explained

Apart from some exceptional circumstances, only EU citizens who exercise their free movement rights have the right to be joined or accompanied by close family members. If an EU citizen moves to another country within the EU, he or she can take their close family members along, even if the latter are not EU citizens themselves.  This right is enshrined under the free movement directive (Directive 2004/38/EC).

However, a non-EU national may derive the right of residence in a particular Member State from EU law rather than the Directive.  These are known as ‘derivative rights’.

Derivative rights may allow you to live and work in the UK, but you cannot acquire permanent residence on this basis.

Our expert solicitors will clearly explain to you the ins and outs of derivative rights and how they apply to your particular circumstances.  Many of our staff are multi-lingual and we can bring in interpreters to assist if no-one on staff speaks your language.

Types of derivative rights

There are a number of derivative rights that may allow a non-EU national to obtain a right of residence including:

• Being the primary carer of a child or dependent adult who is a British citizen, where requiring the primary carer to leave the UK would force that British citizen to leave the EU.  These are known as Zambrano cases after the ground-breaking case that developed the law of derivative rights.  The decision of the Court of Justice of the European Union (CJEU)  in Gerardo Ruiz Zambrano v Office national de l’emploi Case C-34/09,[2011] All ER (EC) 491 represented a turning point in an emerging law of EU citizenship that bestows on EU citizens (but more particularly their family members), a free-standing and enforceable right of residence distinct from the rights recognised under EU free movement law or the opportunities to apply for leave to enter or remain under the UK’s Immigration Rules.
• Being the primary carer of an EEA national child who is exercising free movement rights in the UK as a self-sufficient person, where requiring the primary carer to leave the UK would prevent the EEA national child exercising those free movement rights. This example comes under the principle established in Chen v SSHD Case C-200/02, [2005] All ER (EC) 129; a child born in an EU Member State has the right under Article 18 to reside anywhere in the EU, and by denying the child’s parents residency whilst he or she is dependent conflicts with this right.
• Being the child of an EU national worker/former worker where that child is in education in the UK whereby not granting the right would mean the EU national could not continue to reside in Britain or the child could not continue their UK education.

At OTS, we will assess the circumstances of your situation and advise you on the type of derivative right that applies to your situation.

Derivative Residence Card

Once we establish that you have the right of derivative residence, we can assist you in applying for a Derivative Residence Card.  This will prove you have the right to live and work in the UK for as long as the person you are caring for residents in the country.

The application fee is £65 (as at July 2016).  You will need to download and complete the Derivative Rights Application form online.

Documents required

Numerous documents are required to support an application for a Derivative Residence Card.  These include:

• your passport and two passport sized photos
• documents to prove your relationship to the EU citizen
• proof that the British citizen is dependent on you
• proof that you are in education (if applying as the child of an EU national who leaves the UK or stops exercising their Treaty rights)

This list is not exhaustive and the type of supporting documents required will depend on the particular route that applies to your situation.  Let us make it easy for you.  We will ensure that the documents you require for a successful application are collated correctly and submitted alongside your application.  We will also answer any questions related to your application that may be asked by UK Visas and Immigration.  By using us to organise your Derivative Residence Card, you can be assured that your application will be processed quickly.  If you are refused the right of residence, we will ensure an appeal is lodged as soon as possible.

Why choose OTS Solicitors

We are experts in the field of Immigration law.  We believe that families should stay together and understand the importance that rests on obtaining a Derivative Residence Card.  We will do everything possible to ensure your application is processed quickly, smoothly and successfully, so you and your family can move on with your life together in the UK.

Our solicitors are also alert to changes in Immigration law as it happens and regularly provide updates to our business clients, either through our blog, externally published articles or newsletters.

We provide the same level of service to all our clients, no matter how big or small.  You can be assured of sensible, well-researched advice and friendly, supportive service.  We don’t disappear after your case is concluded, we provide strong follow-up contact and are always available when our clients need us.

If you wish to apply for an Derivative Residence Card or if you have any questions in relation to your Immigration status as a European national, please feel free to contact our UK Immigration team on 0203 959 9123. We will gladly assist you to obtain the best outcome for your matter.

If you are an EU national living in the UK, you may be feeling slightly nervous following the vote on the 23^rd June 2016, when a slim majority of the British public voted to leave the EU.

At OTS Solicitors, our staff are considered some of the most dynamic, experienced solicitors in Britain.  We have assisted hundreds of EU nationals to obtain Residency Certificates, Permanent Residence Cards and British Citizenship.  As one of the busiest law firms in London, we strive to provide personal, tailored service to all our clients in a cost-effective way.

Our Immigration team is led by Teni Shahiean, who has a wealth of experience in both Immigration and employment law.  She has previously been mentioned in the Legal 500 as a recommended Immigration law practitioner and she has successfully acted as lead solicitor on many cases against the Home Office involving Human Rights and Immigration appeals.

We value our ability to ensure our clients fully understand the law as it applies to them.  Many of our staff are multi-lingual and we can organise for a translator if your first language is one that our staff are unfamiliar with.

EU nationals working in the UK

There are currently over two million EU nationals in work within the UK. Unfortunately, many people misunderstand the principle of free movement.  Principally, it is important to understand that for an EU national to remain in the UK for longer than three months, they must be a ‘qualified person’.  A ‘qualified person’ is an EU national who is either in work, studying, economically self-sufficient or self-employed.

If you are working, then as a qualified person and can reside in the UK.  To prove your right to be in the UK, you can obtain an EU Registration Certificate and then use this to prove to potential employers that you are able to work. This can also be used to show landlords that you are legally entitled to be in the UK when they undertake their ‘right to rent’ checks.

Residence documentation confirming permanent residence can be revoked under the EEA Regulations 2006 if the revocation is justified on grounds of public policy, public security or public health, and, following amendments which came into force from 1^st January 2014, abuse of rights. An example of abuse of rights might be where an EEA national has been party to a marriage of convenience. Any such abuse decision however is expressly subject to a proportionality condition.

If your residence documentation has been revoked, we can assist you with appealing the decision.

Jobseekers

Under certain circumstances, jobseekers may be considered a qualified person.  They must provide evidence that not only are they seeking Employment, but that they have a genuine opportunity of obtaining work.

If you were working in the UK and lose your job, you must register as a jobseeker with the relevant Employment office.  As long as you do this you will retain your status as a qualified person.

For EU nationals who become unemployed after being in the UK for less than one year, they will only retain their qualified person status as a jobseeker for six months.  If you lose your status, then the Government can remove you from the UK.

Permanent residence

If you have been in the UK for five years, you automatically acquire permanent residence status and can apply for a Permanent Residence Card.  It is necessary to have a Permanent Residence Card if you wish to apply for British Citizenship after 12 months of holding permanent residence status.

Permanent residence status can be lost through absence from the UK of more than two consecutive years.

Our expert team of solicitors can assist you in obtaining a Permanent Residence Card and British Citizenship.  We can also launch an appeal on your behalf it you discover that you right of permanent residence has been revoked.

Why choose OTS Solicitors?

We are experts in the field of Immigration law.  We understand the motivation and courage it takes to move to a new country to start a new life and develop a career.  We will do everything possible to ensure your application is processed quickly, smoothly and successfully, so you can get on with your life in the UK.

Our solicitors are also attentive to changes in Immigration law as it happens and regularly provide updates to our clients, either through our blog, externally published articles or newsletters.

We provide the same level of service to all our clients, no matter how big or small.  You can be assured of sensible, well-researched advice and friendly, supportive service.  We don’t disappear after your case is concluded; we provide strong follow-up contact and are always available when our clients need us.

If you are an EU employee and have any questions in relation to your Immigration status as a European national, please feel free to contact our UK Immigration team on 0207 936 9960 We will gladly assist you to obtain the best outcome for your matter.

If you are an employer with EU nationals on your team, you may be nervous as to their residency status in the UK following the British public’s vote to leave the EU on the 23^rd June 2016.

Fortunately, you can rely on OTS Solicitors to keep you informed on all the latest policy changes made by the Home Office.  We will also provide you with sound, solid commercial advice on how to retain your talent during this time of uncertainty.

Permanent Residence Cards

If one or more of your EU national employees has been residing in the UK for five or more years, they will automatically acquire permanent residence status.  Although it is not required, it is worth encouraging them to apply for a Permanent Residence Card, the reasons being;

1. It proves that the employee has the right to live in the UK and claim certain tax benefits; and
2. A Permanent Residence Card is required if the EU national employee wishes to apply for British Citizenship.

A Permanent Residence Card costs £65.

We will assist your employees in obtaining Permanent Residence Cards, not only for themselves, but for their families too.

British Citizenship

With so much uncertainty following Brexit, your employees may want to ensure that there is no doubt that they and their families can remain in Britain.  After all, many EU nationals have lived in Britain for decades and have little or no social and cultural connections with the country they were born in.

To guarantee the right to remain permanently in the UK, the best step is to apply for British Citizenship.  The most common way to do this is through naturalisation.

Applying for naturalisation is quite an in-depth process.  Applicants must pass a Life in the UK test and an English language test.  Applicants also have to show they are of ‘good character’, ie they do have a criminal record and are not bankrupt.

EU nationals can apply for British Citizenship once they have been living in the country for six years.

The fee for naturalisation is £1,236.00 (as at July 2016).  If an application is successful, your employee will be invited to a British Citizenship ceremony.  They will be allowed to bring two guest and the fee is £80.

Why choose OTS Solicitors?

We are experts in the field of Immigration and business law.  Our passion is advising on the two together.  We understand how business works and how vital it is to retain top talent, no matter what the political situation is at any given time.  Let us manage all your business immigration matters, freeing you up to concentrate on growing your business.

Our solicitors are also alert to changes in Immigration law as it happens and regularly provide updates to our business clients, either through our blog, externally published articles or newsletters.  We offer seminars and training sessions to London-based organisations who want to educate board members, managers and HR departments on Immigration issues.

We provide the same level of service to all our clients, no matter how big or small.  Our business immigration clients include start-ups, SMEs and large multi-national organisations.  You can be assured of sensible, well-researched advice and friendly, supportive service.  We don’t disappear after your case is concluded, we provide strong follow-up contact and are always available when our clients need us.

If you are an employer of European nationals and would require advice as to their residency status following Brexit please feel free to contact our UK Immigration team on 0207 936 9960. 

If you run an EU-based company and are looking to open a branch office in Britain following Brexit, you may be feeling a little cautious about making such a move.  Latest figures from the IMF indicate that although economic growth will be slower in 2017 than was predicted prior to the outcome of the referendum, Britain will still outpace both Germany and France.

London is still the world’s financial hub, and given the enormous complexities and consequences of Brexit, it may in reality be many years before Article 50 is triggered and there is no guarantee that we will ever leave the EU.

In other words, now is as good a time as any to take the plunge.

If you have a low-cost project to run in the UK, a branch office makes an ideal vehicle from which to facilitate and manage it from.

Based in the heart of the City of London, OTS Solicitors can offer you unmatched commercial advice when it comes to setting up a branch office in the UK.  Our Senior Partner, Teni Shahiean, is a graduate of both law and business and has been recognised in the Legal 500 and by the Law Society for her outstanding work in Immigration law.

How to set up a UK branch office

If your company is to have a physical presence in the UK, it will need to be registered with the Companies House.  It can be registered under the name of the parent company or a different name.  Registration of an alternative name by EU companies is subject to a range of controls and restrictions. These include:

• requiring the use of permitted characters only in the name
• preventing the registration of a name the same as one on Companies House index of company names
• requiring evidence of appropriate authorisation to use a sensitive word in a name or to adopt a name suggesting a connection to HM Government or certain other public bodies and preventing the use of offensive names.

EU companies will be required to send accounting documents to the Companies House.  An EEA company that is required to prepare, disclose and deliver accounting documents under the law of the EU member state in which the head office is based (the parent law) must deliver them to Companies House within three months from the date on which the document is required to be disclosed in accordance with its parent law.

How we can help

We are experts in the field of Immigration and business law.  Our passion is advising on the two together.  We understand how business works and will help you prepare the necessary documentation required to open a branch office in the UK.  We can also assist you with any Employment matters, for example, drafting Employment contracts for new staff.

Our solicitors are also alert to changes in Immigration law as it happens and regularly provide updates to our business clients, either through our blog, externally published articles or newsletters.  We offer seminars and training sessions to London-based organisations who want to educate board members, managers and HR departments on Immigration issues.

We provide the same level of service to all our clients, no matter how big or small.  Our business immigration clients include start-ups, SMEs and large multi-national organisations.  You can be assured of sensible, well-researched advice and friendly, supportive service.  We don’t disappear after your case is concluded, we provide strong follow-up contact and are always available when our clients need us.

If you are looking to open a branch office in the UK, please feel free to contact our UK Immigration team on 0207 936 9960. 

• Assessment of Educational Establishment – the process by which an educational institution is assessed to establish whether the qualifications it offers can be relied on by an EU Citizen Student
• British Citizenship – the exclusive privilege to exercise civil and political rights in the UK (such as the ability to vote) and obtain a British passport
• Comprehensive Sickness Insurance – full health care cover required by EU Citizen Self-sufficient person and EU Citizen Student so they are not a burden on the UK health care system
• EU Citizen Self Employed – an EU National who is running their own business in the UK for a profit
• EU Citizen Self-sufficient Person – an EU National who is living in the UK using independent funds
• EU Citizen Student – an EU National attending and studying at an educational institution in the UK
• EU Extended Family Members – an EU National’s siblings, aunt, uncle, cousin niece or nephew, either direct or by marriage who are dependent on the EU National for their care
• EU Family Members – a spouse, unmarried partner, child, parent, grandparent of an EU National
• EU Citizen Job Seeker – an EU National who is currently looking for paid Employment in the UK
• EU Citizen Retired – an EU National who is retired from work and residing in the UK on a pension
• EU Citizen Worker – an EU National who is working in paid Employment in the UK
• EU Member State – a country that is part of the European Union
• EU National – someone who is a citizen of an EU Member State
• EU Treaty Rights – the term used to explain the rights EU Nationals derive from EU Treaty Law. The term is used in Immigration law to refer to the particular rights of free movement and residency that EU Nationals and their family members acquire within the EU Member States.
• Qualified Person – a person who is exercising their EU Treaty rights in another EU Member State.  To be classed as a qualified person the individual must be working, self-employed, studying or economically self-sufficient.  EU Citizen Job-seekers may be included in limited circumstances.
• Registration Certificate – a document that may be used as proof that an EU National is entitled to live in another European country, including the UK, under European law.
• Rights of Residence Permit – similar to Registration Certificate they apply to EU Family Members and EU Extended Family Members of an EU National
• Right of Permanent Residence – the right acquired by an EU National, their EU Family Members and/or EU Extended Family Members afterfive years’ continuous residence in the UK to live permanently in the country and apply for British Citizenship after 12 months
• Sufficient Resources – you have enough money and assets to live on without having to access UK public benefits

If you have any questions in relation to your Immigration status as a European citizen, please feel free to contact our UK Immigration team on 0203 959 9123. We will gladly assist you to obtain the best outcome for your matter.