New EU immigration regulations may lead to deportations

[Mistigri]

Article on new HO regulations concerning the rights of EU citizens in the UK:

www.freemovement.org.uk/briefing-legal-status-eu-citizens-uk/

On the face of it, these new rules would appear to give the HO the right to deport any EU citizen without permanent residency rights, who is not currently exercising treaty rights and who does not have private health insurance. This will include many EU spouses of UK citizens who are not currently working and cannot document a 5 year period during which they exercised treaty rights - regardless of the amount of time they have spent in the UK.

This gives a whole new slant to those HO letters suggesting that EU citizens make plans to leave. Might be time for affected EU citizens to consider legal advice :-/

(Weird and hostile way of opening negotiations with the EU27 over migrants' rights - I am coming to the conclusion that May may actually want the negotiations to fail).

^"So in my case, I have the continuous five years of P60s before I became a student, that should suffice?"

Yes, as long as you haven't been away for more than 2 years since then (as an absence of 2 years or more would invalidate your permanent residence).^

That was my understanding too laura, but then it still asks "have you ever been a student in the UK" on the online application form. In my case I studied here before starting work over 10 years ago, but I still had to tick yes, and then it asks you to provide evidence you held CSI during that time, which I haven't got... and if you don't tick the box you can't finish the application!

Argh! In that case I would suggest doing the physical form not the online one, and writing a covering letter with a brief chronology and telling them when you acquired PR.

That's kind of what I did, just ticked the box online then sent a letter with all my supporting documents explaining why there wasn't anything about my student years. Fx that's enough to get me the blasted card!

and if you don't tick the box you can't finish the application!

My DIL had the same problem with her application form. One box that she couldn't tick for some reason, and then she had to print the whole form off and submit by post.

I am sure that people that apply for citizenship now have reasons, good pressing reasons, jobs, kids, but I can't escape the feeling that instead of pushing on now with this application it may just be better to wait? They are rejecting many, the HO doesn't have the manpower to handle all the requests and it seems that they are keen to get rid of as many people as possible.
I am worried, I left my EU country only 7 years ago but I never imagined going back, even t thinking about going back. My husband is British, we looked into citizenship for me after we got married but because we travel so much I don't qualify. That was before the referendum though, and we didn't think it was that important to make sure that I did. It freaks me out that we may now not be able to stay based in the UK. But I'm not going to ask anyone, not even if I did have the papers and the rules met. I don't trust them and as long as they figure it out I'm keeping my head below the parapet.
Of course things can change when A50 is triggered, but I am taking a chance on some sort of simpler procedure to allow people to stay that have built a life without having to plow through 3miln times 85 pages plus tax forms. It's just not realistic to do it liked this for all us Eu residents.

Rhu I was thinking similar but worry about questions being asked at border control when returning to the UK.

Yes I do understand that, I'm abroad now and going back early April. It scares me! I worry about being stopped but I'm not sure what to do about it. Thing is, there is so much fear about and a lot of it is insecurity. That's here either way, applying or not. I guess I fear the asking them to stay more now, because they will say no if they can.

Posted on another thread, but reposting:
www.independent.co.uk/news/uk/politics/brexit-latest-eu-nationals-right-to-live-uk-house-of-lords-theresa-may-mps-a7606641.html
Brexit: House of Lords defies Theresa May over EU nationals' right to stay in UK :The Prime Minister will be forced to overturn the humiliating defeat in the Commons next week - when Tory MPs will be under pressure to stage their own revolt.

^A coalition of 13 groups representing British nationals abroad and EU citizens in the UK said it was “delighted” describing the vote as “ positive step in the right direction”.

It said it was concerned that “the amendment makes no mention of UK citizens in the EEA” despite the efforts of the grass roots groups across Europe to get their message across.

They represent more than 25,000 UK citizens in the EU including British nationals in Spain, France and Germany. They said:

They are also facing huge uncertainty about their futures, livelihoods and the security of their families – the same concerns facing EU and EEA citizens in the UK, whose campaign for a unilateral guarantee we fully support.

The majority of UK citizens in the EU are working people - many with families. Others are poorer, vulnerable retirees who only moved to southern Europe to make small pensions stretch further. All of these people are facing huge uncertainty - they are real people who can’t put their lives on hold while politicians try to hammer out other aspects of the UK’s withdrawal from the EU.

This amendment, while a positive development, could have also have gone further to end the uncertainty for EU and EEA citizens in the UK than it does. In particular, the reference to “legal residence” could be interpreted by the Home Office in a way to limit the acquired rights of EU citizens already resident in the UK^.

^Peers vote by majority of 102 to guarantee rights of EU nationals in UK after Brexit
Peers have voted by 358 votes to 256, a majority of 102, to guarantee the rights of EU nationals living in the UK after Brexit.
The precise wording of the amendment that has been added to the bill is here, at 3.17pm^.

www.telegraph.co.uk/news/2017/03/01/brexit-lords-vote-debate-theresa-may-pmqs-live/

Intriguingly Jeremy Corbyn, who called for his MPs to back Mrs May in the Commons and trigger Article 50, praised the Lords for their defiance.
He tweeted: "Great news. The government must now do the decent thing and guarantee the rights of EU citizens living in the UK

Great, that's step one. If JC can get his act together now and show some balls that'd be grand.

Rhu sure I agree but, it will be passed on March 14th, but then there's the £65b bill. The fun is about to start.

I will expect the Tories and Labour in the Commons to rebel when I actually see them walk through the division lobbies. So far we have had a lot of hot air from them all, (bar Ken Clark) and then they have taken the Whip. We might as well have put rosettes on a flock of sheep and installed them in the House of Commons.

It's fiddly swapping round threads! I miss Red!

On Channel 4 news Gary Gibbon pointed out that Hesseltine voted with the tories, he thought more would vote for a parliamentary vote next week, but the bill will be passed in the HOC.

The vitriole and unpleasantness on some of these threads are an interesting microcosm of what MPs are up against, there are no free votes at the moment.

But the EU27 are free to say what they think to Fox and May and they will.

I have already emailed my MP. I am confident this amendment will be reversed in the HoC.

I bet the 1,000,000 UK citizens living in the EU are fcUKed now.

You voted for uncertainty. You got uncertainty.

The number of refusals has risen Rhu but the number of grants has risen much much more - there doesn't seem to be a deliberate policy of refusal (try applying for a visit visa from Bangladesh to see what that looks like...)

Heseltine voted against the amendment?
pfff

I don't feel confident Laura. I know I'm still privileged but I'm not sure that there's no policy of refusal.

I bet the 1,000,000 UK citizens living in the EU are fcUKed now.

Like you and your fellow basement dwellers care.

For the record, Im a UK citizen in the EU and I have yet to see a single negative comment on the Lords vote from affected UK citizens. Everyone is very pleased about it.

What I find abominable is that long-standing marriages to UK citizens seem to count for nothing, and this from the party in favour of family values.

What I find abominable is that long-standing marriages to UK citizens seem to count for nothing, and this from the party in favour of family values.

These people have NO values.

Honestly, I'm at the point where I could get behind a principled, intelligent brexit plan. But there is no plan, no intelligence and no principles whatsoever on display right now.

It's difficult to decide which characteristic of British government conduct is more embarrassing at the moment: the corruption, thuggery, idiocy, racism or the cruelty.