New EU member on existing WP, what to do?

Hi,

I'm a Lithuanian citizen currently working on a WP in London (the WP expires in 2007). Starting 1 May 2004, Lithuania becomes a member of the EU, and I won't need my WP any more in order to work and stay in the UK. However, the requirement is to register with Home Office in a month (£50, I believe) once a citizen of a new EU member finds a job. I'm on my current job for 2 years already. Also, I planned to apply for ILR in November 2004 (4 years of work in the UK), but now this seems to be irrelevant for me as an EU national. I still hope to apply for UK citizenship in November 2005 (5 years of work in the UK).

So, my questions are:
1) Should I register with the Home Office as a working Lithuanian national, or will they have this info already from my WP?
2) Can I still apply for ILR and is this necessary for me, since I can stay in the UK indefinitely anyway as a EU national?
3) Will I be able to apply for UK citizenship in 2005?

Thank you.

Hi,

1) Should I register with the Home Office as a working Lithuanian national, or will they have this info already from my WP?

Ans: No (Please Confirm calling IND)

2) Can I still apply for ILR and is this necessary for me, since I can stay in the UK indefinitely anyway as a EU national?

Ans: In my opnion you need to fill the EEC1 form for the Residence Permit, this confirms that you can live & work in UK.

3) Will I be able to apply for UK citizenship in 2005?

Ans: Once you are EU national and got your residence permit, you really dont need UK Citizenship. Proud to be Lithuanian citizen

1. An EU/EEA national does not require leave to enter or remain in the UK - they are admitted into the UK under the EEA Order 1994 or 2000 EEA Regulations as the case may be.

2. Where an EU/EEA national has been exercising treaty rights in the UK for four years he/she may apply for Indefinite Leave To Remain in the UK. Treaty rights relate to economic activity in the form of employment/self employment. Case law has shown that as long as an EU national has not claimed benefits they can get ILR even where they have had a low paying job. You will need to have an EU/EEA National Residence Permit issued by the Home Office at the time of ILR application - if you don't have it you can apply for it retrospectively.

3. Lithuania joins the EU on 1 May 2004 - however it is one of the ascension countries that the UK has not granted full treaty rights hence the worker registration scheme. My understanding is that the worker registration scheme applies to those entering the UK on or after 1 May 2004 not those who have been here before such as yourself. On this basis it seems that you don't have to register under this scheme and are eligible to apply for an EU/EEA National Residence Permit using form EEC 1. Note that there has been legislation in the European Parliament which scraps the Residence Permit in 2006 - I suspect the Home Office will just ask for evidence of economic activity over four years preceding ILR (form EEC 2) application date.

4. Even if a Lithuanian national is exercising treaty rights this would be as of the ascension date so the earliest you can apply for ILR on this basis is May 2008. The UK government is reviewing the issue of retrospectivity i.e. whether it is possible to consider the time spent in the UK before ascension as exercising treaty rights. IMHO they will not do this because of the precedent it sets and due to the political environment in which such an immigration benefit especially in relation to the crisis with Eastern European Community Association visas for Bulgarians and Romanians is a voter issue.

5. If you have been on a WP for four years consecutively you are entitled to apply for ILR independent of any EU regulations. It appears that you will be elgible for this in 2006 rather than 2004 as you anticipated in light of the retrospectivity issue I mentioned above.

6. ILR is a pre-requisite for EU nationals when applying for British Citizenship. It must be held for 1 year if applying for BC where you are NOT the spouse of a BC. If you are the spouse of a BC you can apply for BC as soon as you get ILR - in both cases you need to satisfy all other requirements such as residence, character and health.

Hope that helps