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Impact of Brexit - citizenship applications EEA under review

This is the area of this board to discuss the referendum taking place in the UK on 23rd June 2016. Also to discuss the ramifications of the EU-UK deal.

Differing views will be respected. Rudeness to other members will not be welcome.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

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plc22ans
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Impact of Brexit - citizenship applications EEA under review

Post by plc22ans » Fri Jun 24, 2016 1:51 pm

Does anyone know what is likely to happen with my citizenship application currently under review (non EU national family member of EU national) following the result of today's referendum? I sent it two months ago. I am aware changes are only supposed to start in October but how much is that is truth in my case?

secret.simon
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Re: Impact of Brexit - citizenship applications EEA under re

Post by secret.simon » Fri Jun 24, 2016 1:59 pm

Naturalisation/Citizenship applications are not affected at all, because they have nothing to do with EU law. They are governed entirely by UK law.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

nataliedelmar
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Re: Impact of Brexit - citizenship applications EEA under re

Post by nataliedelmar » Fri Jun 24, 2016 10:17 pm

Hm... How about the fact that, as part of the citizenship process, EU nationals provide a document certifying PR acquired on the base of exercising treaty rights, which is EU law?

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CR001
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Re: Impact of Brexit - citizenship applications EEA under re

Post by CR001 » Sat Jun 25, 2016 9:07 am

No changes to anything will happen immediately.

You will likely have the result of your citizenship application before the nitty gritty stuff kicks in.
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secret.simon
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Re: Impact of Brexit - citizenship applications EEA under re

Post by secret.simon » Sat Jun 25, 2016 9:58 am

nataliedelmar wrote:Hm... How about the fact that, as part of the citizenship process, EU nationals provide a document certifying PR acquired on the base of exercising treaty rights, which is EU law?
It is a requirement of UK law. UK law requires that that a person applying for citizenship is "free of immigration control" in the UK. That is defined by UK law (not EU law) as having either ILR under the UK Immigration Rules or PR under the EEA Regulations. The former is evidenced by an ILR BRP and the latter by a DCPR or Permanent Residence Card when applying for citizenship/naturalisation.

EU case law acknowledges that rules regarding acquisition and loss of citizenship are in the exclusive domain of the Member-States.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: Impact of Brexit - citizenship applications EEA under re

Post by ohara » Wed Jun 29, 2016 9:40 am

I've seen posts on social media from people who seem to believe that we have already left the EU!

In reality, it's going to take a tremendous amount of time to fully exit. David Cameron has already said Article 50 won't be activated until at least October, and even then it's up to the new PM to do it. BoJo and others have already said there's no rush.

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