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European Union Free Movement

The start of EU ‘Grace Period’ – What to expect?

The start of EU ‘Grace Period’ – What to expect?

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The start of EU ‘Grace Period’ – What to expect?

As we already know, the infamous Brexit (Britain’s exit from the European Union) finally came about on 31st January 2020. The EU withdrawal agreement allowed for the ‘free movement’ rights of EU/EEA and Swiss nationals to continue until the end of the transition period i.e. 31st December 2020. 1st January 2021 was termed as the ‘Implementation day’; this means that, starting 1st January 2021, all EU/EEA and Swiss nationals who intend to relocate to the UK to work or study would have to apply will have to apply for valid visas under the UK immigration routes, just like non-EEA nationals have been doing all along.

The troubling question now is: ‘What of the EU/EEA and Swiss nationals who entered the UK in exercise of their EU treaty rights before 31st December 2020?’

Those EEA nationals who entered the UK by or before 31st December 2020, in exercise of their treaty rights, have until 30th June 2021 to apply for and be granted a legal status under the EU Settlement Scheme, as per the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020. This six month period from 1st January to 30th June 2021 is called the ‘EU grace period’.

During this ‘EU grace period’ EEA nationals and their family members must apply for a status under the EU Settlement Scheme for either the ‘pre-settled’ or ‘settled’ status, depending on the length of their stay in the UK. The legal residence rights of EEA nationals and their family members, who are legally resident in the UK, would be protected during this grace period.
What happens if EEA nationals and their family members do not have a status under the EU Settlement Scheme by 30th June 2021?
The ‘Implementation day’ would bring with it, hostile environment for those EEA nationals and their family members who do not have a legal status under the EU Settlement Scheme. In simple terms they would have the same plight as undocumented (illegal) migrants.

What does hostile environment mean?

Hostile environment (in the immigration terms) means:

  • lack of a legal right to reside
  • lack of a right to work
  • denial of access to health care, housing and public services or benefits

EEA nationals and their family members (though you may have been settled in the UK for decades) are well advised to apply for a status under the EU Settlement Scheme by 30th June 2021. No extension on this deadline has been announced by the Home Office till date and despite the disruption caused by the Covid-19 pandemic, this is unlikely to change.

The SmartMove2UK provides seamless immigration advice, ensuring that the applicant meets all the requirements set out under the EU Regulations. Our immigration experts have helped numerous EEA nationals and their EEA national family members with their EU Settlement Scheme applications. Should you require help with your visa applications, you can contact our expert.

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UK Family Migration Visas

Time waits for no one – Deadlines for EEA nationals and their family members

The infamous Brexit finally happened; UK has left the European Union as of 31st January 2020. As per the conditions of the withdrawal agreement, the transitional provisions governing EU free movement rights expired on 31st December 2020. All EEA nationals intending to settle in the UK on a long-term basis must be in the UK by 31st December 2020. This deadline is also applicable to the non-EEA national family members of EEA nationals intending to join them in the UK.

Family members of EEA nationals are categorized as ‘close or direct’ and ‘extended’ family members.

Close or Direct family members of EEA nationals are

  • Spouse or civil partner
  • Children or grandchildren under the age of 21 years or dependent child or grandchild of any age
  • Dependent parent or grandparent

*Children and grandchildren or dependent parent and grandparent of the EEA national’s non-EEA national spouse are also considered as close or direct family members.

Extended family members of EEA nationals are

  • Sisters, brothers, cousins, uncles, aunts, nieces and nephews (who are dependent on the EEA national, or are a member of their household, or have a serious health condition which makes them reliant on the EEA national)
  • Unmarried or durable partner of the EEA national and can evidence that they have lived together for 2 years.

Non-EEA national family members of EEA nationals currently residing in the UK or entering the UK before 31st December 2020 are required to apply for entry clearance (family permit) to accompany them or join them in the UK; through either:

  • EEA Family Permit [for close and extended family members of EEA nationals] or
  • EU Settlement Scheme Family Permit [for close family members of EEA nationals having a status under the EU Settlement Scheme or a pending application thereof]

Both of the above said family permits, when granted, are valid for 6 months during which time the family member of the EEA national may enter the UK.

*If the EEA national you are intending to join in the UK has been resident in the UK for more than 3 months, then you would have to evidence that they are a qualified person.

Qualified persons are those EEA nationals who are either a:

  • Job seeker
  • Employed (worker)
  • Self-employed
  • Self-sufficient
  • Student

The EEA nationals and their non-EEA national family members who have entered the UK before the end of the transitional provisions i.e. by 31st December 2020 would have to register under the EU Settlement Scheme (EUSS) to obtain a status for their long term residence in the UK. The statuses granted under the EU Settlement Scheme are as follow:

Settled status (Indefinite Leave to Remain):

This is granted to those EEA nationals and their family members who, on the date of their application, have completed 5 years of residence in the UK.

Pre-settled status (Limited Leave to Remain for 5 years):

This is granted to those EEA nationals and their family members who, on the date of their application, have not been resident in the UK long enough to be eligible for settled status.

Read More – Will Covid-19 cause EU Settled Status scheme to extend?

The last date to apply under the EU Settlement Scheme is 30th June 2021

Good news :

Non-EEA national family members of EEA nationals (who have entered the UK before 31st December 2020) may apply to join them in the UK even after 31st December 2020!

In order to apply under the EU Settlement Scheme for a status to remain in the UK (deadline 30th June 2021), these family members would have to prove all of the below:

  • The EEA national who they have joined in the UK has been granted a settled or pre-settled status under the EU Settlement Scheme
  • Their relationship to the EEA national began prior to 31st December 2020
  • Their relationship to the EEA national is still subsisting on the date of application

The new immigration system to take effect from 1 January 2021 will put EEA nationals on the same plane as Non-EEA nationals, which means that they and their family members would have to go through the same routes to settlement as non-EEA nationals and their family members (including the stringent limitations on the family members who are allowed to join them in the UK).

If you are the family members of an EEA national who is either in the UK or is going to enter the UK before 31st December 2020, the days are literally numbered! You have to take action to make those EEA or EU Settlement Scheme Family Permits now!

Our UK Visa immigration experts have helped numerous non-EEA nationals reunite with their EEA national family members in the UK. The SmartMove2UK provides seamless UK immigration advice, ensuring that the applicant meets all the requirements set out under the UK Visa Immigration Rules. Should you require help with your UK Visa applications, you can contact our expert UK EEA Family Permit Visa Consultant on the below mentioned contact details and book your appointment with SmartMove2UK’s UK Qualified Solicitors.

Our experts UK EEA Family Permit Visa Consultant are based in Mumbai | Delhi | Gurgaon | Chandigarh | Bangalore and London.

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European Union Free Movement

How Digital-only Status for EU Citizens “Creates a Real Risk of Harm”

In the drive to go digital across all boards, the Home Office has introduced a new set of immigration guidelines following the UK’s exit from the EU or Brexit. An online service has been put in place, which will be in effect from 30th June 2021 for EU, Swiss, and EEA citizens to view and prove their immigration status. And these guidelines have brought along a scare and a situation of unrest for EU citizens.

The ‘digital-only status’ for EU citizens implies that landlords, public service providers, and employers can no longer accept any physical proof- passports and biometric ID cards of EU nationals as evidence of their immigration status or work permit.

According to the Home Office and reports issued by the UK government, the digital-only uk residence permits enable better convenience and security for the holders, EU citizens in this case.

However, numerous expert analysts, reports, and campaigners have alluded at warnings of a crisis that this shift can incur. This translates into a tangible risk of misuse and/or abuse, owing to the volatility of only a server storing the proof of the working and living of millions of EU citizens in the UK.

The Windrush Scandal

The Home Office practices and the British immigration policy were under the radar due to the infamous 2018 Windrush Scandal.

Many individuals have been detained, harassed with deportation, and stripped of their human rights. Many jobs were lost and several civilian lives were irrevocably changed. The causative agent was the ‘irrational’ demand for multiple document evidence of residency, along with ignorance.

Read EEA Family Permit Supporting Documents

To forbid such a tragedy in the future, the UK has resorted to the digital-only status for the non-UK passport holders. However, several issues still pertain. The latent inconsistencies and inaccuracy of the records, mainstream procedural shortcomings, and the lack of institutional sensitivity towards singular circumstances pose a challenge.

This article from The SmartMove2UK will take you through the disadvantages that the implementation of the ‘digital-only status’ policy in the UK can lead to.

  • The Risk of Discrimination Intensifies More Than Ever

    The transition from paper-based documentation to the online setting can lead to potential discrimination against the EU citizens in the UK now.

    An entire set of nine distinct steps are to be followed by the prospect landlords and employers to check the residence/work permit of the seeker. Further, a report suggests that electronic citizen-on-citizen checks will result in applicants with a British passport or physical residency permit being favored as tenants and employees.

    Digital proofs tend to make the verification process daunting and hostile. In most cases, homeowners did not revert to potential tenant proposals that involved the use of an electronic-checking tool.

    Besides, many employers do not wish to spend time on verifying the work permit of the applicants. This will result in loss of opportunities on several occasions. The Home Affairs Select Committee has also raised concerns on similar grounds.

  • Security is Still Endangered

    The UK government made claims that the ‘digital-only status’ offers security from potential thefts, forgery, and loss of physical documents.

    The reports against the transition, however, suggest that there are a number of forms by which the power over the digital identity of another might be abused. The SmartMove2UK asserts that email addresses and phone numbers are prone to online exploitations such as seizing the digital access control. So, human traffickers or frauds can take undue advantage of such a system until a comprehensive monitoring framework comes into being.

    So, the security aspect of the digital immigration status is still quite a genuine concern for the non-UK passport holders.

  • Exclusion of Digitally Unsound Population

    Plenty of people will benefit from this digital setting, but the case is not the same for everybody.

    For employers or landlords with low-digital skills, the electronic accessibility of the right-to-work permit and citizen-on-citizen status check will become chaotic and burdensome. There is an apparent possibility that when it comes to searching for work and places to rent, this community would be at a critical disadvantage.

The vulnerability of the EU citizens with the digital immigration status will increase manifolds and thus, increase the hostility of the environment and enhance the sense of alienation.

To combat such situations, each immigrant must seek the consultation of professional UK Immigration specialists. We, at The SmartMove2UK, strive to provide our clients with expert counsel and support.

What measures can safeguard the interests of the EU citizens?

The non-UK passport holders are about to enter deep waters with the post-Brexit UK transition. Several reforms are imminent and will be implemented within the next few years with full force.

Plenty of recommendations have been suggested by the opposing agencies. The digital immigration status, for example, must be supported by physical documentation proof for special case scenarios. This can serve as a fallback system and also offer a sense of empowerment and reliability.

Read Will Covid-19 cause EU Settled Status scheme to extend?

Wrapping up

A large number of risks are inherent with the transition to the digital residence and work permit for the EU nationals. Landlords, employers and border agencies can continue to require tangible proof of residency. That can and will, dramatically leave millions of individuals cut off from their basic rights, such as access to jobs, healthcare and housing. But the extent of harm that the ‘digital-only’ status will inflict can only be fully realized over time.

At The SmartMove2UK, our UK immigration solicitors have helped numerous non-EEA family members of EU nationals to apply for an EEA Family Permit to the UK

Reach out to us if you are seeking legal help from UK visa consultants in relation to the UK EEA Family Permit and want to know more about Settlement Scheme for EU Nationals.

Our expert UK EEA Family Permit Visa Consultants are based in Mumbai | Delhi | Gurgaon | Chandigarh | Bangalore and London.

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European Union Free Movement

Upper Tribunal deems ‘centre of life tests’ irrelevant

The non-EEA national family members of EEA nationals/British citizens, who resided in EEA countries with their British citizen/EEA national sponsors (persons who support their non-EEA national family members to enter the UK), are subject to the same rights as their sponsors under EU free movement law. However, the non-EEA family members of EEA nationals/British citizens who apply for residence permits UK have been facing refusals from the Home Office on the basis that they do not satisfy the conditions of the ‘centre of life’ test.

The concern we aim to address is whether ‘Centre of life’ tests are relevant to determine the ‘genuine’ intention of EEA or UK nationals in exercising their free movement rights under the Charter of Fundamental Rights of the European Union (EUCFR).

To better understand the circumstances in which this question would arise, let us consider the facts of ZA (Reg 9. EEA Regs; abuse of rights) Afghanistan [2019] UKUT 281 (IAC).

In the case in point, ZA is a non-EEA national spouse of a British citizen (were married in 2003). ZA had applied to enter the UK as the spouse of a British national in 2006 and 2008, the said applications were refused.

Subsequently, in May 2015, ZA’s husband moved to Ireland intending to settle there (to avoid the stress and hustle of London) and took up employment in Ireland. During the course of his employment, he learned that it would be possible for him to bring his wife to Ireland under EU regulations. He managed to successfully apply for and obtain a family permit for his wife, who eventually joined him in Ireland.

In May of 2016 his employment in Ireland came to an end, he along with ZA and her children moved back to the UK. Thereafter, ZA unsuccessfully applied for a residence permit in the UK, the Home Office refused her UK Spouse Visa application stating that ZA and her husband’s residence in Ireland were not ‘genuine’ and were solely for the purpose of circumventing UK immigration laws. ZA appealed against the decision of the Home Office to refuse her application, to the First-Tier Tribunal (FTT).

The FTT judge considered the appeal and stated that the family’s residence in Ireland was, in fact, not ‘genuine’. He stated that the conditions of their residence in Ireland did not satisfy the ‘centre of life’ test (as stipulated under Regulation 9(3)(a) of the Immigration (European Economic Area) Regulations 2016).

Regulation 9(3)(a) of the Immigration (European Economic Area) Regulations 2016 states the following:

‘(3) Factors relevant to whether residence in the EEA state is or was genuine include –

Whether the centre of British Citizen’s life transferred to the EEA state;’

ZA further sought permission to appeal against the decision of the FTT judge, to the Upper Tribunal (UT). The UT allowed ZA’s appeal and considered the matter and determined that the phrase ‘centre of life’ is not mentioned in any case laws nor is it defined in European law.

The judge reaffirmed that there is no requirement under EU law that the ‘centre of one’s life be transferred to the ‘host state’ (in the case in point, Ireland); Thus, it cannot be concluded that the family’s residence in Ireland is not ‘genuine’.

In light of the above-mentioned facts, we understand that the ‘centre of life test’ as stipulated under Regulation 9(3)(a) of the Immigration (European Economic Area) Regulations 2016 is in contravention of European laws and may not be applied in the determination of EEA applications. This is great news for EEA family members applying for UK residence permits.

If you got your EEA application refused and want to apply for EEA Family Permit Visa in the UK, you can speak to our UK EEA Family Permit Visa Experts on  +91 98191 27002 or [fusion_tooltip title=”Email to info@smi.legal” class=”” id=”” placement=”top” trigger=”hover”]info@smi.legal[/fusion_tooltip] and book your consultation appointment with our UK immigration advisor for further clarifications and queries.

You can also walk-in in our offices at Mumbai, Delhi, Bangalore, Chandigarh and London with prior appointment.

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European Union Free Movement

EEA Nationals right to residence during maternity leave

As of 31st October 2019 (the date on which Britain is exiting the European Union), inches closer the EEA nationals presently residing in the UK or looking to exercise their treaty rights in the UK have numerous concerns that need to be clarified.

One of these concerns is whether self-employed (in the UK) EEA nationals would retain the right to remain in the UK during their maternity leave or would they lose such right along with the welfare benefits (such as, child benefit, tax credits, homelessness assistance, social housing and other related benefits) they are otherwise entitled to.

The said concern was first raised in 2012! The concern was raised in the case of Saint Prix v SSWP (Secretary of State for Work and Pension). Ms Saint Prix (a French national) who was employed as a nursery teacher (in the UK), had applied for an income grant while she had to be unemployed by reason of her pregnancy (11 weeks before her due date). Her request for the said grant was refused in 2008. The claimant decided to file an appeal with the First-Tier Tribunal against the refusal decision.

The matter eventually reached the Supreme Court which referred it to the First Chamber. The decision made in the said case stated:

“Article 45 TFEU must be interpreted as meaning that a woman who gives up work, or seeking work, because of the physical constraints of the late stages of pregnancy and the aftermath of childbirth retains the status of ‘worker’, within the meaning of that article, provided she returns to work or finds another job within a reasonable period after the birth of her child.”

This clarified the UK government’s position on this issue or so people thought. The said issue was raised again in C‑544/18 HMRC v Dakneviciute. In the said case, the appellant was a Lithuanian national, residing in the UK and self-employed as a beauty therapist as of 25th December. She got pregnant in the same month and applied for maternity benefit in 2014. Since 11th May 2014, she started receiving maternity allowance. She was unemployed for the period between 22 July 2014 and the end of October 2014, during which she made an application for child benefit on 27th August 2014. The said application was refused and Ms Dakneviciute filed an appeal with the First-Tier Tribunal.

The matter then went on to the Upper Tribunal which referred the matter to the Court of justice. The court decided that:

“Ms Dakneviciute ceased and then resumed a self-employed marginal activity due to the physical constraints of the late stages of pregnancy and the immediate aftermath of childbirth, she had, under EU law, the right to reside in the United Kingdom.”

This decision was made pursuant to Under EU law (Directive 2004/38/EC), Article 8(1) of which provides that:

‘The Member States shall take the necessary measures to ensure those female self-employed workers… may, in accordance with national law, be granted a sufficient maternity allowance enabling interruptions in their occupational activity owing to pregnancy or motherhood for at least 14 weeks.’
“In that regard, it should be noted that Directive 2004/38 is a single legislative act codifying and revising earlier instruments of EU law in order to facilitate the exercise of the primary and individual right of Union citizens to move and reside freely within the territory of the Member States”

Therefore, it has been finally re-affirmed (hopefully for the last time) that self-employed (in the UK) EEA nationals are entitled to a right of residence and entitled to welfare benefits (such as child benefit, tax credits, homelessness assistance, social housing and other related benefits) during their maternity leave.

If you want to apply for EEA Family Permit Visa in the UK, you can speak to our UK EEA Family Permit Visa Experts on +91 98191 27002 or [fusion_tooltip title=”Email to info@smi.legal” class=”” id=”” placement=”top” trigger=”hover”]info@smi.legal[/fusion_tooltip] and book your consultation appointment with our UK immigration advisor for further clarifications and queries. You can also walk-in in our offices at Mumbai, Delhi, Bangalore, Chandigarh and London with prior appointment.

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European Union Free Movement UK Visa India

EEA Family Permit Consultants in Chandigarh talk about getting a Residence Card

After the patient wait in receiving the EEA Family Permit, the EEA family members who residing overseas are now finally delighted to join their family members in the UK. The next process after receiving the EEA Family Permit is obtaining the Residence card which allows the EEA Family members to stay in the UK for 5 years. Our EEA Family Permit document consultants in Chandigarh can assist you with your Residence card applications.

You do not need to apply for a residence card to prove you can live in the UK unless you’re both:

  • From outside the European Economic Area (EEA) or Switzerland
  • An extended family member of someone from the EEA or Switzerland

If you already have a residence card it will not be valid after 31 December 2020.
There will be no change to the rights and status of EU citizens currently living in the UK until 30 June 2021, or 31 December 2020 if the UK leaves the EU without a deal. You and your family can apply to the EU Settlement Scheme to continue living in the UK.

Who is a Residence card for?

The Non-EEA family members are eligible to apply for a Residence Card from within the UK. Non-EEA nationals can be either the family member or extended family member, of an EEA national. It is not mandatory to apply for a residence card, however, it helps the applicants to re-enter the UK more quickly and easily if they are travelling abroad.

Our EEA Family Permit document consultants in Chandigarh would advise the applicants that a residence card essentially would help employers to ascertain that the applicant is allowed to work in the UK and it also helps the applicants to prove that they qualify for certain benefits and services.

There’s always more to what you know and what you should know! The applicants can apply for a derivative right of residence card if they are the carer of an EEA citizen, the carer’s child, or the child of a former EEA worker and currently in education.

The residence card is valid for a period of 5 years, following which the applicant can apply for a permanent residence card. The applicants must submit a valid passport along with other documents for the application for residence card to be approved. In addition, the EEA national must be exercising treaty rights in the UK and provide evidence of the same along with the application.

The Immigration (European Economic Area) Regulations 2006, require the Home Office to consider and decide an application for the residence card within 6 months from the date of receipt of the application. Any delay or negligence in part of the Home Office in not deciding the application within six months can be challenged by way of Judicial Review in the High Courts.

Contact our EEA Family Permit document consultants in Chandigarh who have helped non-EEA nationals family members and extended family members of EEA nationals to apply for their residence card and their permanent residence. We are just a call away from your queries Residence card application.

If you have any comment or want to know anything about the EEA family permit visa then you can call our immigration expert or you can also connect with us on

The SmartMove2UK – Chandigarh
EEA Family Permit Consultants in Chandigarh

Harmony, Level 4, Tower-A,
Godrej Eternia,
Plot number 70, Industrial Area 1,
Chandigarh 160 002,
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Tel : +91 172 407 1522
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Do EEA Family members have right to work during renewal or application of Residence Card?

European Regulations for Immigration define a “family member” (a spouse, civil partner or a direct dependent relative of either EEA national or her/his spouse, a child or parent). In order to allow the EEA/EU National to enjoy the Right to Family life under article 8, it also imposes an obligation on the member country that “an EEA family permit issued under this regulation must be issued free of charge and as soon as possible” (Regulation 12(6) of the Regulations).

However due to the lack of a defined timeline it is likely to affect the lives of the EEA/EU nationals and their partners who are applying for their Residence Card or renewals of the same.

Also given that the employers are obligated to carry out right to work checks on their employees and if there is an element of doubt then more often than not the employers will ask the employee to take a leave of absence or leave their jobs completely.

If an application is pending for renewal, the Home Office takes the position that, “the person in such a situation has a right to reside but not the right to work during the time in which he did not apply for his EEA(PR)“. Care must be taken to understand that the Home Office is implying this pertains to the period between the expiry of the residence card and the application date.

The immigration rules Regulation 21 of the EEA Regulations describes the procedure for applications for issue or renewal of family members’ residence card, and states that the applicant must be in the UK. It does not, however, address explicitly applicants’ rights during the process.

However proven cases suggest that as long as the EEA national sponsor remains a “qualified person” in the UK and the relationship is subsisting, the non-EEA national will have a right to reside and work.

The Home Office will also normally provide, the Certificate of Application (if the applicant had made an application either for a new residence card or for EEA(PR)) confirming these rights to stay and work in the UK and relays this information for the benefit of a current or prospective employer. However, the Certificate of application is issued after the submission of bio metrical data and there is likely to be a significant delay in the confirmation of such rights.

If you have a query regarding your EEA Residence Permit or would like to make an application for Residence card, Registration Certificate or Permanent Residence, you can contact our Experts UK Immigration Consultant. If you would like to apply for entry clearance for your non-EEA Family member we can help for that too.

We have offices in India and UK. In India Our UK EEA Family Permit visa consultant based in Mumbai | Delhi | Gurgaon | Chandigarh | Vadodara | Bangalore.

Call on +91 98191 27002 or email us at info@smartmove2uk.com for assistance of your right to live and work in UK.

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As a EU National do I need to apply for permanent residence card for British passport

Until 12 November 2015 as a EU National or a citizens of EEA countries and their family members were able to qualify once they have achieved the required five or three years of residence, possessed permanent residence for the last 12 months of that period and met all the other requirements.

Permanent residence is something that a person acquires subject to meeting the set criteria; generallythere is no need to formally apply for it and it is not conferred or granted by the British authorities but by automatic operation of EU law.

However from 12 November 2015, if a person with permanent residence wishes to apply for British citizenship he or she will have to first apply for a permanent residence certificate or card. This change is introduced by the British Nationality (General) (Amendment No. 3) Regulations 2015 (SI 2015/1806).

In certain cases the applicants find that the Home Office only allows naturalisation applications to be made at least one year after a permanent residence card is issued. But strictly speaking the rules only require that:

  • the applicant has had permanent residence for at least 12 months; and
  • that the applicant possesses a permanent residence certificate or card

Hence it is necessary to possess a permanent residence certificate or card to make the naturalisation application but the one year lead-in period begins as soon as permanent residence begins. This means that if the underlying right of permanent residence has already existed for a year prior to the date of issue of the card then the person can make an application as soon as the card is issued. Similarly if the applicant has possessed permanent residence for nine months when the card is issued, then he or she will need to wait a further three months from the date the card is issued before applying for naturalisation.

If you would like to apply for Permanent Residence card for the EU National or the non EEA Family member then you can book an appointment with our UK Immigration experts at SmartMove2UK by calling +919819127002 or email us to book a slot.

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Can my EU Residence card application be prioritized

The Home Office introduced a new policy in late 2014 titled Process Instruction Notice 92/2014 Handling of Requests for Priority Treatment of EU Residence card or European Applications. The summary of this policy was simply that Home Office had scrapped its old policy on requesting that EU free movement applications be given priority treatment and speeded up. Instead it now provided that other than where a Minister intervenes, the criteria for prioritising are said to be:

  • refusal of the priority request is likely to create more work (i.e. in justifying the refusal) than would make the refusal worthwhile
  • there is evidence that the case has been mishandled or overlooked. (If the case is more than 6 months old but the delay is justifiable priority should not be given)
  • the applicant is unable to make journeys necessary for compassionate or business reasons on existing documents
  • the applicant has already been significantly inconvenienced as a result of inefficiency on the part of the Home Office. (In such cases priority should be given when the fact comes to light, regardless of whether it is requested)
  • the applicant has secured the agreement of a minister or senior official to priority consideration
  • the applicant has been invited to make a fresh application (where the decision to refuse a previous application might have been made sooner but for an oversight in UKVI, and the new application has been received within a reasonable time after our refusal letter

If you would like to make an application for EU Residence card or for Registration certificate you can book an appointment with our UK Immigration experts at SmartMove2UK by calling +919819127002 or email us to book an appointment.

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How long does it take to process EU Residence card applications

The Home Office is legally obliged to issue a EU residence card within six months of application. The Immigration (EEA) Regulations 2006 as amended state at paragraph 17(3):

On receipt of an application under paragraph (1) or (2) and the documents that are required to accompany the application the Secretary of State shall immediately issue the applicant with a certificate of application for the residence card and the residence card shall be issued no later than six months after the date on which the application and documents are received.

This reflects Article 10(1) of Directive 2004/38/EC. Interestingly there is no mention of this duty in the Home Office’s instructions to caseworkers, nor even in the policy on prioritising applications, opening up a potential for breach of these provisions by the Home Office.

If you would like to make an application for EU Residence card or for Registration certificate you can book an appointment with our UK Immigration experts at SmartMove2UK by calling +919819127002 or email us to book an appointment.

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