Permanent Residence Card VS Settled Status

Many of yours might be thinking, whether at this stage, would be worthy to apply for a Permanent Residence Card or perhaps would be convenient to wait until the UK government clears up the horizon of the EU Citizens living in the UK.

The last 7th November, the government offered further reassurance to EU Citizens and their family members. To this effect, the Settled Status Application was announced and currently is being designed by the Home Office “this Streamlined Application System would be much simpler and user-friendly”, they say. This SAS on Settled Status will be the replacement of the Permanent Residence Card (much more bureaucratic) and it will come into force by the cut-off date or specified day agreed with the EU up to the next 29th March 2019. According to the government idea, the proposal is the following:

In terms of the applicability, the Directive 2004/38 that rules the PR will stop being applied once the UK leave is effective. Hence, if you are the one, who have been in the Country for 5 years having your PR already, but your intention is to not apply for the British Passport after a year, you should know that you will have to pass throughout a process of registering in the Home Office for a Settled Status despite if you are having this PR or not.

Do you have to pay again? The answer is yes. So far, although the Government has not clarified the price of the Settled Status, the intentions is that this cost is lower than of a British Passport Fees (the rumours are that would be the cost of a passport booklet from £72) if you have your PR already, ‘a kind of exchange would be made’ so, you would have to register again and your application would be ‘softly revised’ plus you would pay the difference between the costs of the PR and the new Settled Status Application, furthermore, this application would be entirely digital. The government proposal for the Settled Status Application is the following:

  • Living in the UK and being a Qualified Person for 5 years with a transitory period of two years (after the cut off date period) for those who not reach to 5 years. What would happen if, after the transitory period, I do not meet the requirements, in this case, a Temporary Permit would be granted under new rules on Immigration that the UK government is working on.
  • Comprehensive Sickness Insurance will not be a requirement anymore.
    The genuine and effective work for Self-Employed is removed.
  • No need to give details on all travel bookings outside the country.
  • If you have already been in the Country for 5 years. The government will open a Voluntary Scheme before the UK’s departure, this is predicted to be opened in the second semester of 2018. (God willing).
  • Evidence of Criminal convictions will be requested.
  • Control of good conduct within the country – ambiguous.
  • Proof of identity ID or Passport and a picture (no fingerprint).
  • Proof of ongoing residence that prove that you are still living in the Country. *Utility Bill or Tenancy Contract.
  • Giving the EU citizens a right to appeal if your application is denied.
  • A Settled Status number will be granted to the EU Citizen similar to an ID.

These are some of the criteria that are on the table awaiting for its white paper.

Del Canto Chambers, attended to the last meeting conference held by the Spanish Embassy in London, its Brexit Task Force continues being operative and has solved more than 750 questions about Brexit affecting Spanish Citizens in the UK through a system of ventanilla unica. Last 15th November, the counsellors have explained three points:

  1. Current status of the negotiations between the EU and the UK. UK proposal on Settled Status.
  2. How this negotiations are aimed to guarantee the acquired rights of the EU Citizens in terms of benefits which the Child Benefit is the critical point in the negotiation.
  3. Can we keep both nationalities, Spanish and British Nationality? The answer is yes, you would have to communicate to the Spanish Consulate within 3 years of after obtaining the British Passport.

Julio Prieto
EU Lawyer in United Kingdom
and Spanish Abogado
Del Canto Chambers

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