Recent Home Office Guidance for EU Nationals applying for residency

Recent Home Office Guidance for EU Nationals applying for residency

Bob Marley famously wrote “Don’t worry about a thing “cos every little thing gonna be alright”. It seems the Home Office wish to echo these sentiments by requesting in their Recent Guidance for EU Nationals that they should not apply for residency.

They advised that the position of EU Nationals remains the same despite the trigger of Article 50. Whilst the UK has not yet left the EU and EU Nationals are still permitted to exercise their right of free movement, future uncertainty makes it difficult to just sit back and do nothing.

It has been reported that the Home Office has received more than 45,000 applications, some 35,000 more than in the equivalent period before Brexit. They are clearly concerned about the volume of applications and are trying to reduce the number by asking people not to apply.

This is difficult especially when a permanent residence permit is required to apply for citizenship.

However, one must empathise with the Home Office as apparently a large number of applications are incorrectly submitted with insufficient evidence or with documents that are irrelevant.

Not only does the Home Office have to consider each application in detail but if it is incorrect they have to draft a refusal and issue appeal rights. This is time consuming both for the Home Office and also for the person applying.

In a detailed study by The Institute for Government it warned that it is “unfeasible” to create a new immigration system by the time when Britain leaves the EU by April 2019.  Therefore, it is important that an applicant for residency “gets it right” the first time. This will save time and assist efficiency in the processing of the application.

If you are an EU national thinking of making an application for residency for you and your family please contact our Immigration Team. We will be pleased to ensure you’re your application is correctly prepared and lodged.

Should you require any advice or assistance regarding this article or any other aspect of Immigration law please contact Kezia Daley on 020 7408 8888 or [email protected]