Application for UK Residence Card

Application for UK Residence Card

A popular Spanish proverb says “All fields bloom in March…”.

March is the month in which we begin to awake from the winter lethargy and in which many of us with much anticipation, we are welcoming the much appreciated Spring. March also is and will be undoubtedly crucial in the history of the United Kingdom, as it was, last June 23th, 2016 also, when British people decided by referendum to leave the EU.

With many environmental rumors and after solving a complex constitutional crisis, when Gina Miller, a British citizen, initiated a judicial process (see (R) Miller v Secretary of State) on who was legitimized to initiate the Brexit “UK Government vs UK Parliament”.

Finally, the law by which the British Parliament will authorize the Government to initiate Article 50 TUE – popularly known, as the “Brexit Clause”, it will be probably come to light at the end of this month.

One of the topics to be discussed in Brussels will be what will happen to the European citizens living in the UK, as well as, what will happen to the British citizens living in the European countries. The latest statistic on global immigration published by the British Office for National  Statistics is that there are about 3.2 million European citizens registered and living in Great Britain and on the other hand, there is about 1 million Britons live in EU countries. We may think, that these numbers will be used by Theresa May, who will play her cards to stop the free movement of people and continuing to have access to the single market.

The EU however refuses so far to sacrifice one of its fundamental principles in favor to others. Not wishing to deepen much in the elections that are to come in Germany and France (hitherto reluctant to negotiate this question), an electoral roll in France with an extreme upward right “anti-migrants”, could facilitate this. With no rush from the British Premier, and with two extendable years negotiation ahead, the UK immigration system continues and it will remain to be in the legal and informative spot.

Where are we on Today

Not being part of the Schengen Agreements, it makes the UK to have control over its borders by requiring you to show your passport or ID, if you want to come in. The British Permanent Resident Card, so far, unnecessary for European citizens, it has become from last June until now, for many, from present to future, a safe-conduct to enter, live and work in the UK without needing to apply for a Visa. In the absence of official confirmation, this card may be requested by all EU citizens living in the UK for more than 5 years and who work, are self-employed and for students and persons who are self-sufficient.

The process to obtain this card is as extensive as complex. Within its 80 pages of the application, you will find an endless amount of documentation to provide for each case, emphasizing your work history, entries and exits of the country (even for holidays). As The Guardian newspaper reported last November, the EEA Permanent Residence Card applications to the Home Office or immigration office, were increased from 37,618 before Brexit to more than 100,000 last July, after the Brexit. This has caused an unnumbered delay in the immigration office, being this, also collapsed to the point that the deadline period of 6 months to clarify each case, it has been, in most cases, difficult to achieve resulting in a compensation to the applicant. Since June, the firms of Solicitors specialized in Immigration Law in United Kingdom are climbing on board of the bandwagon to manage these applications and to make this process easier and safer.

Del Canto Chambers, which is specialized in private clients in Spain and in United Kingdom as it does, with the application for residence for investors in Spain, now, these services are offered for European citizens who want to apply for the British Residence Card, which will undoubtedly be the star topic of the long British Spring, “All fields bloom in March…”

Julio Prieto (@juliopr4)

Paralegal at Del Canto Chambers

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