Free movement – a thing of the past?

A Brexit will be on the minds of EEA nationals who have moved to the UK for work. Those who have been here for some time will be concerned that they could lose their right to remain in the UK. A change in regulations that govern the rights of European nationals has fuelled this concern. In November 2015 European nationals lost the automatic acquisition of permanent residence after five years exercising treaty rights in the UK.
Now a European national must make an application for confirmation of permanent residence if he wishes 12 months later to apply for naturalisation as a British citizen. This means he will have to make two applications and wait 12 months between each application.
Although this extra burden could be unfavourable to any Europeans who want a British passport, the likelihood is that protecting the Europeans who are in the UK will form part of the negotiations of any Brexit. Similarly, during negotiations, thought will need to be given to those British nationals who are living in other European countries.
Since there is some ambiguity, we recommend that European nationals seek now to secure confirmation of their status.

Verity Buckingham

About Verity Buckingham

Verity is experienced in all aspects of employment law and corporate immigration matters. She deals mostly with corporate clients advising on contentious and non-contentious employment matters. Verity's contentious practice includes defending claims in the Employment Tribunal and experience of Employment Appeal Tribunal litigation in relation to claims of unfair dismissal, discrimination, equal pay and whistleblowing.

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