Statement: the status of EU nationals in the UK

https://www.gov.uk/government/news/statement-the-status-of-eu-nationals-in-the-uk

Statement: the status of EU nationals in the UK

There has been no change to the rights and status of EU nationals in the UK, and UK nationals in the EU, as a result of the referendum.

The decision about when to trigger Article 50 and start the formal process of leaving the EU will be for the new Prime Minister. The UK remains a member of the EU throughout this process, and until Article 50 negotiations have concluded.

When we do leave the EU, we fully expect that the legal status of EU nationals living in the UK, and that of UK nationals in EU member states, will be properly protected.

The government recognises and values the important contribution made by EU and other non-UK citizens who work, study and live in the UK.

I have lived in the UK for more than 5 years. What does the vote to leave the EU mean for me?

  • EU nationals who have lived continuously and lawfully in the UK for at least 5 years automatically have a permanent right to reside. This means that they have a right to live in the UK permanently, in accordance with EU law. There is no requirement to register for documentation to confirm this status.
  • EU nationals who have lived continuously and lawfully in the UK for at least 6 years are eligible to apply for British citizenship if they would like to do so. The eligibility requirements can be found here.

 What if I have lived in the UK for less than 5 years?

  • EU nationals continue to have a right to reside in the UK in accordance with EU law. EU nationals do not need to register for any documentation in order to enjoy their free movement rights and responsibilities. For those that decide to apply for a registration certificate, there has been no change to government policy or processes. Applications will continue to be processed as usual.
  • Non-EU family members of EU nationals must continue to apply for a family permit if they wish to enter the UK under EU law, and they do not have a residence card issued by a member state. There has been no change to government policy or processes, and applications will continue to be processed as usual.
  • Extended family members of EU nationals must continue to apply for a registration certificate (if they are an EU national) or residence card (if they are a non-EU national) if they wish to reside in the UK. There has been no change to government policy or processes, and applications will continue to be processed as usual.
  • Irish nationals enjoy separate rights, under various pieces of legislation, which allow Irish nationals residing in the UK to be treated in the same way as British nationals in most circumstances. There is no change to this position.
  • Croatian nationals might continue to need to apply for a registration certificate to be allowed to work in the UK under the transitional arrangements that were put in place when Croatia joined the EU in 2013. The type of registration certificate that they might need will depend on whether they need permission to work in the UK, and what they will be doing. There has been no change to government policy or processes, and applications will continue to be processed as usual.

 Does the government plan to remove EU nationals from the UK?

There has been no change to the right of EU nationals to reside in the UK and therefore no change to the circumstances in which someone could be removed from the UK.

As was the case before the referendum, EU nationals can only be removed from the UK if they are considered to pose a genuine, present and sufficiently serious threat to the public, if they are not lawfully resident or are abusing their free movement rights.

Government launches National Transfer Scheme for migrant children

https://www.gov.uk/government/news/government-launches-national-transfer-scheme-for-migrant-children

The new scheme will encourage all local authorities to care for unaccompanied asylum-seeking children.

The Home Office and Department for Education have today (1 July) launched a new voluntary transfer arrangement between local authorities for the care of unaccompanied children who arrive in the UK and claim asylum.

The National Transfer Scheme has been launched to encourage all local authorities to volunteer to support unaccompanied asylum-seeking children (UASC) so there is a more even distribution of caring responsibilities across the country.

Under the scheme, a child arriving in one local authority area already under strain caring for unaccompanied asylum seeking children may be transferred to another council with capacity.

The new arrangements were created after extensive consultation with the Local Government Association, the Association of Directors of Children’s Services and local authorities.

In support of the scheme, the government has also increased the amount of funding that it will provide to local authorities caring for unaccompanied asylum-seeking children, with annual support for each child aged under 16 rising from £34,675 to £41,610.

Immigration Minister James Brokenshire said:

The UK has a proud tradition of offering sanctuary to all those in need of protection, including vulnerable asylum-seeking children and ensures their welfare and safety is at the heart of every decision made. This scheme has been established to promote a fairer distribution of caring responsibilities across the country in a way that protects the best interests of those children.

Local authorities have been tremendously generous in caring for migrant children, and we hope many more will come forward and share this important responsibility. We will continue to work closely with local authorities, devolved administrations and our other partners to implement this scheme, which will support councils such as Kent and Croydon who are caring for high numbers of UASC.

An interim transfer protocol which sets out the responsibility of a local authority when the child first arrives, the role of the central team in making transfer arrangements, and establishes guidelines about when a child should be transferred out of the area or region, has been published today to support the scheme’s launch.

Home Office announces Inspector of Borders and Immigration contract extension

https://www.gov.uk/government/news/home-office-announces-inspector-of-borders-and-immigration-contract-extension

The Independent Chief Inspector of Borders and Immigration, David Bolt, has had his contract extended by 3 years, the Home Secretary announced today (26 May).

Mr Bolt, who previously held senior positions in national security and crime-fighting, including at the National Criminal Intelligence Service (NCIS) and the Serious Organised Crime Agency (SOCA), took up the role of scrutinising the effectiveness and efficiency of the border and immigration functions performed by the Home Secretary in May 2015.

Since taking up the post, Mr Bolt and his team have reviewed and improved the inspection process making it more streamlined.

Extending his appointment empowers Mr Bolt to take a longer-term and more strategic look at the work of the Inspectorate, as evidenced by his recently published 3 year inspection plan which sets out to cover most of the Home Office’s border and immigration functions in some depth over the period 2016/17 to 2018/19.

He was originally appointed for a 2 year term ending on 30 April 2017. The Home Secretary and Permanent Secretary have extended Mr Bolt’s term from 2 to 5 years.

Home Secretary Theresa May said:

The role of providing detailed, independent scrutiny of our work and our performance in controlling immigration and protecting Britain’s borders is vital.

David Bolt has done an excellent job over the last year and extending his appointment enables David to continue his work with more authority, facilitating the continuing improvement of the work of the Inspectorate.

Independent Chief Inspector David Bolt said:

I am pleased to have been extended in my post as the Independent Chief Inspector of Borders and Immigration. I have recently published an ambitious 3 year programme of inspections and now look forward to carrying this through, helping the Home Office to identify and make improvements to the efficiency and effectiveness of its border and immigration functions.

Amendments to fees for immigration and nationality services

https://www.gov.uk/government/speeches/amendments-to-fees-for-immigration-and-nationality-services

This written ministerial statement was laid in the House of Commons by James Brokenshire.

Minister for Security and Immigration (James Brokenshire):

I am today announcing some changes to fees for immigration and nationality applications made to the Home Office. The government reviews these fees on a regular basis and makes appropriate changes as necessary. The amended regulations are for fees set at or below the cost of processing the relevant applications.

We are making some targeted amendments to support the implementation of provisions in the Immigration Act 2014, including expanding the list of application routes required to pay a fee for the enrolment of biometrics. We are also taking the opportunity to amend one other fee to support economic growth.

Further details of the changes are provided in the Explanatory Memorandum for the regulations. The government intends to bring most of these amendments into force from 1 October, though some of the new fees will come into effect later in the year to align with changes to processes.

UK Visas and Immigration provides full details on how to apply for all of the Home Office’s products and services.

West Midlands to be first landlord ‘right to rent’ check area

https://www.gov.uk/government/news/west-midlands-to-be-first-landlord-right-to-rent-check-area

New legislation which will see landlords face fines if they rent homes to illegal immigrants without checking their ‘right to rent’.

Immigration and Security Minister James Brokenshire today announced the new measures in the Immigration Act would be launched in Birmingham, Walsall, Sandwell, Dudley and Wolverhampton as part of a phased introduction across the country.

The new law will mean private landlords will have to check the right of prospective tenants to be in the country if they want to avoid potentially being fined up to £3,000.

Immigration and Security Minister James Brokenshire said:

We are building an immigration system that is fair to British citizens and legitimate migrants and tough on those who abuse the system or flout the law.

The right to rent checks are quick and simple, but will make it more difficult for immigration offenders to stay in the country when they have no right to be here.

They will also act as a new line of attack against unscrupulous landlords who exploit people by renting out substandard, overcrowded and unsafe accommodation.

Landlords in the West Midlands will have all the advice and support they need in advance of the checks going live on 1 December.

Landlords will need to see evidence of a person’s identity and citizenship, for example a passport or biometric residence permit. Many responsible landlords already do this as a matter of routine, and most legal renters will have the correct documentation ready to hand. In most cases landlords will be able carry out these simple checks without need to contact the Home Office.

Copies of the documentation will need to be taken as evidence the checks have been carried out and retained for one year after the tenancy ends. Children under 18 will not need to be checked. More information about how to carry out a right to rent check is available online at www.Gov.uk including eligibility for a free online Home Office checking service to confirm whether someone has a right to rent. A helpline (0300 069 9799) is also available.

Following an evaluation of the implementation in the West Midlands next spring, the Home Office expects to continue with the phased introduction of checks across the UK next year.

The Immigration Act 2014, which became law earlier this year, is a landmark piece of legislation which builds on the government’s ongoing reforms to make sure the immigration system works in the national interest. The Act is focused on stopping illegal migrants using public services to which they are not entitled, reducing the pull factors which encourage people to come to the UK for the wrong reasons, and making it easier for the Home Office to remove people who should not be here.

Implementation of the Immigration Act 2014

https://www.gov.uk/government/speeches/implementation-of-the-immigration-act-2014

This written ministerial statement was laid in the House of Commons by James Brokenshire.

Minister for Security and Immigration (James Brokenshire):

I am announcing today the location in which the measures relating to landlords as prescribed by sections 20-37 of the Immigration Act 2014 will first be implemented. The Immigration Act 2014 contains a range of measures to reform and streamline the immigration system and address illegal immigration. It introduces restrictions on illegal immigrants accessing rented housing. When these provisions come into force, landlords will be prohibited from letting residential accommodation to people who have been disqualified by virtue of their immigration status.

The government has committed to a phased implementation of these provisions with the measures initially coming into force in one location, followed by an evaluation to inform decisions on further roll-out. I wish to inform the House that after careful consideration, the scheme is to be implemented first in Birmingham, Wolverhampton, Dudley, Walsall and Sandwell. The new measures will commence in this area from 1 December.

To assist and advise the implementation and evaluation of the measures, the government is convening a consultative panel. The panel consists of bodies that represent landlords, letting agents, housing and homeless charities and others with an informed interest in the matter, and will also include representatives from the local authorities in these areas. This will ensure that the first phase can be thoroughly evaluated and considered as part of the decision making process on further roll-out.

Changes to the immigration rules will clamp down on visa abuse

https://www.gov.uk/government/news/changes-to-the-immigration-rules-will-clamp-down-on-visa-abuse

Changes to the immigration rules will clamp down on visa abuse

The Home Office places new restrictions on the entrepreneur visa route in response to scams from individuals and organised criminal groups.

The entrepreneur route is intended to allow migrants to set up businesses in the UK in order to create jobs and growth. However evidence from tax records shows that people on expiring student visas are transferring to entrepreneur status under the pretence of setting up a business when they are actually working in low skilled jobs.

Entrepreneur route targeted after the closure of the post-study work visa route

Visa statistics suggest that individuals and organised criminals began to target the entrepreneur option once the post study work visa, which allowed students to stay on after their studies, was axed in 2012.

We will take firm action to protect our immigration system

Immigration and Security Minister, James Brokenshire said:

This government is building an immigration system that is fair to British citizens and legitimate migrants and tough on those who abuse the system and flout the law.

Our reforms have cut net non-EU migration to levels not seen since the 1990s and slashed overall net migration by a third since its peak under the last government.

And we will not hesitate to take firm action to protect our immigration system further – particularly when there is evidence of criminals targeting what they think are weaknesses in the rules.

With the new clampdown students will only be able to switch using funds from a government-approved source, and post-study workers will need additional evidence of their business activities. In addition, those who have not yet started businesses and who do not have evidence of a genuine business will not be able to switch from the old post-study route onto an entrepreneur visa.

New system of restraint for managing people safely during immigration removals

https://www.gov.uk/government/speeches/new-system-of-restraint-for-managing-people-safely-during-immigration-removals

New system of restraint for managing people safely during immigration removals

This written ministerial statement was laid in the House of Commons by James Brokenshire MP and in the House of Lords by Lord Taylor of Holbeach.

Immigration and Security Minister (James Brokenshire):

I am today announcing that I have formally approved a new restraint system for safely managing people being escorted during immigration removals.

This fulfils a commitment by this government to provide training for escort staff that reflects the environment they work in, both in-country and overseas. The bespoke training is tailored to the experience and behaviour of detainees and staff in immigration removals and provides practical tools to de-escalate situations and minimise the use of restraint.

The new system has been assessed by the Independent Advisory Panel for Non Compliance Management, chaired by Stephen Shaw. The panel was established to provide support to the National Offender Management Service in the design of the new training package, to provide independent advice on the quality and safety of the new package, in particular on the use of restraint techniques.

The report by the Independent Advisory Panel for Non Compliance Management is welcomed by the government. The report recognises the balance to be struck between treating detainees with respect and minimising the need for restraint, with our responsibility to enforce immigration law, which sometimes requires the use of physical intervention.

After careful consideration of the panel’s comprehensive assessment of the quality and safety of the new system, the government has accepted all of its recommendations. The new training for overseas and in-country escort staff will begin implementation on 28 July 2014.

I am placing a copy of the full report of the Independent Advisory Panel for Non Compliance Management and the government’s response to the report in the Library of the House. A redacted version of the Manual for Escorting Safely and supporting guidance will be published in due course.

Immigration Bill becomes law

https://www.gov.uk/government/news/immigration-bill-becomes-law

The Immigration Bill received Royal Assent today (14 May).

The Immigration Bill received Royal Assent today (14 May) making way for a series of reforms which will ensure our immigration system is fairer to British citizens and legitimate migrants and tougher on those with no right to be here.

The Immigration Act 2014 contains 77 clauses and makes fundamental changes to how our immigration system functions.

It will limit the factors which draw illegal migrants to the UK, make it easier to remove those with no right to be here and ensure the Courts have regard to Parliament’s view of what the public interest requires when considering Article 8 of the European Convention on Human Rights in immigration cases.

Immigration Act

Immigration and Security Minister James Brokenshire said:

The Immigration Act is a landmark piece of legislation which will build on our existing reforms to ensure that our immigration system works in the national interest.

We are already planning its implementation and will ensure these measures are introduced quickly and effectively.

The Immigration Act will significantly enhance the way Border Force, Immigration Enforcement and UK Visas & Immigration undertake their work to secure the border, enforce the immigration rules and continue to attract the brightest and the best.

Highlights of the Immigration Act

  • Cutting the number of immigration decisions that can be appealed from 17 to 4, while allowing us to return certain harmful individuals before their appeals are heard if there is no risk of serious irreversible harm
  • Ensuring that the courts have regard to Parliament’s view of what the public interest requires when considering European Convention of Human Rights (ECHR) Article 8 claims in immigration cases – making clear the right to a family life is not to be regarded as absolute and unqualified
  • Clamping down on people who try to gain an immigration advantage by entering into a sham marriage or civil partnership
  • Requiring private landlords to check the immigration status of tenants, preventing those with no right to live in the UK from accessing private rented housing
  • Introducing a new requirement from temporary migrants with time-limited immigration status by requiring them to make a financial contribution to the National Health Service
Immigration Act

The Immigration Act will also include powers to prevent repeat bail applications when a removal is imminent, revoke driving licences held by immigration offenders and allow the Home Secretary to deprive a naturalised individual of their British citizenship if their actions have been seriously prejudicial to the interests of the United Kingdom and the Home Secretary has reasonable grounds for believing the person is able to become a national of another country.

Immigration Act

The Immigration Act has been a collaborative effort, involving the Home Office, 12 other government departments, the devolved administrations and the Crown dependencies.

It also continues the Home Office’s work to reduce net migration by focusing on eliminating immigration abuse, including removing from the UK those with no right to be here and preventing others from entering.

Immigration fees: 2014 to 2015

https://www.gov.uk/government/news/immigration-fees-2014-to-2015

New visa, immigration and nationality application and service fees come into effect from 6 April 2014.

The government has introduced new fees for visas, immigration and nationality applications, and associated premium services.

The changes are equivalent to a 4% rise for most fees, including the short-term visitor visa and most work, study and settlement applications. Targeted increases have also been made to other specific categories.

These increases will allow us to continue to improve our customer service and ensure that those who benefit most from the immigration and visa service meet more of the costs.

Key changes:

  • fees for most applications, including short-term visit, work, study and settlement, increase by 4%
  • fees for all dependants are set at the same level as main applicants (25% discount for in-UK dependants applying with main applicants removed)
  • nationality fees restructured, with discounts for child applications
  • priority postal service fee rises to £300 and the in-person application fee to £400
  • fee for direct airside transit visa decreases to £40
  • sponsorship fees for Tier 2 large sponsor licenses and sponsor action plans decrease, and a number of other sponsorship fees are frozen
  • Tier 2 shortage occupations fee of £428 is introduced for applicants both overseas and in the UK
  • new 5 year Tier 2 general and ICT applications introduced
  • 10 year long term visit visa frozen at £737
  • new registered traveller fee introduced when the scheme is rolled-out

The Home Office will also set a single global fee for a number of optional premium services for applications made outside the UK, as well as expanding many of these services.

This includes:

  • 3 to 5 day priority visa service for £100, or £300 for priority settlement applications
  • super priority visa service, with turnaround in as little as 24 hours for £600
  • new user pays visa application centres, where applicants can submit applications in more convenient locations for a fee of £59
  • appointments outside office hours for a fee of £50 and an expanded passport pass-back service for £40

Further details of the new fees can be found in the visa fees table.