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What will happen to new PR applications after Brexit?

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.

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Casa
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Re: What will happen to new PR applications after Brexit?

Post by Casa » Mon Jun 13, 2016 11:59 am

rocktheparty wrote:If UK decides to leave the EU, do you think it will slow down the existing ILR applications under process?
ILR or PR applications? There's a difference. :|
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Richard W
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Re: What will happen to new PR applications after Brexit?

Post by Richard W » Mon Jun 13, 2016 5:54 pm

secret.simon wrote:If ILR is applied based on an employment related route (Tier 1 or 2), it typically takes five years, whereas for all other routes, it takes 10 years of legal residence in the UK.
The family route (for a spouse) also takes 5 years to get ILR.

nemerkh
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Re: What will happen to new PR applications after Brexit?

Post by nemerkh » Tue Jun 14, 2016 10:57 am

secret.simon wrote:
VinGam wrote:It may likely to be to stay the same if they PR will still be valid as much as ILR
Whether PR will be considered the equivalent of settled status in the event of a Brexit is an open question, though all indications are that that will remain the case.

Due to the legacy of colonialism, UK nationality law is fiendishly complex and I doubt any government in the near future has the will to reopen that particular Pandora's box.
How about eu citizens on eea1/2? These are also legally residing.

rocktheparty
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Re: What will happen to new PR applications after Brexit?

Post by rocktheparty » Tue Jun 14, 2016 8:26 pm

Casa wrote:
rocktheparty wrote:If UK decides to leave the EU, do you think it will slow down the existing ILR applications under process?
ILR or PR applications? There's a difference. :|
I thought both are same.

Noetic
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Re: What will happen to new PR applications after Brexit?

Post by Noetic » Tue Jun 14, 2016 8:46 pm

rocktheparty wrote:
Casa wrote:
rocktheparty wrote:If UK decides to leave the EU, do you think it will slow down the existing ILR applications under process?
ILR or PR applications? There's a difference. :|
I thought both are same.
ILR doesn't exist on the EEA immigration route. PR is its equivalent for EEA nationals.

secret.simon
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Re: What will happen to new PR applications after Brexit?

Post by secret.simon » Tue Jun 14, 2016 9:13 pm

rocktheparty wrote:
Casa wrote:
rocktheparty wrote:If UK decides to leave the EU, do you think it will slow down the existing ILR applications under process?
ILR or PR applications? There's a difference. :|
I thought both are same.
Both of them have the same effect in UK domestic law. But both of them are completely different and unrelated to each other.

ILR is granted by the Home Office, under UK domestic legislation (the Immigration Act 1971) and has no effect outside the UK.

PR is acquired automatically if the requirements stated in the EEA Regulations 2006, which transpose EU legislation (Directive 2004/38/EC) into UK law, are met. While PR status is applicable only in the country that you earn it in, you can travel across the EU using the PR card and your passport. As a status under EU law, it is recognised by the other EU countries as well.

Both ILR and PR are considered as "settled status" in the UK for the purposes of nationality and benefits laws.
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.

secret.simon
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Re: What will happen to new PR applications after Brexit?

Post by secret.simon » Tue Jun 14, 2016 9:19 pm

nemerkh wrote:
secret.simon wrote:
VinGam wrote:It may likely to be to stay the same if they PR will still be valid as much as ILR
Whether PR will be considered the equivalent of settled status in the event of a Brexit is an open question, though all indications are that that will remain the case.

Due to the legacy of colonialism, UK nationality law is fiendishly complex and I doubt any government in the near future has the will to reopen that particular Pandora's box.
How about eu citizens on eea1/2? These are also legally residing.
Firstly I am not familiar with the slightly dated EEA1/2 terminology. I presume that you mean EEA-QP/EEA-FM?

Secondly, while EEA citizens and their non-EEA family members are legally residing while the EEA citizen is exercising treaty rights, they are not settled for the purposes of immigration law until they acquire PR status.
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.

mia777
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Re: What will happen to new PR applications after Brexit?

Post by mia777 » Wed Jun 15, 2016 6:33 am

secret.simon wrote:Secondly, while EEA citizens and their non-EEA family members are legally residing while the EEA citizen is exercising treaty rights, they are not settled for the purposes of immigration law until they acquire PR status.
Is a PR confirmation card required or is automatic PR after 5 years enough to be considered settled for the purposes of immigration law?

Thanks.

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Re: What will happen to new PR applications after Brexit?

Post by ohara » Wed Jun 15, 2016 7:03 am

mia777 wrote:
secret.simon wrote:Secondly, while EEA citizens and their non-EEA family members are legally residing while the EEA citizen is exercising treaty rights, they are not settled for the purposes of immigration law until they acquire PR status.
Is a PR confirmation card required or is automatic PR after 5 years enough to be considered settled for the purposes of immigration law?

Thanks.
Permanent residence status is automatic, and EEA residence documentation is optional. The card does not grant or confer PR, it just confirms it.

secret.simon
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Re: What will happen to new PR applications after Brexit?

Post by secret.simon » Wed Jun 15, 2016 9:30 am

ohara wrote:
mia777 wrote:Is a PR confirmation card required or is automatic PR after 5 years enough to be considered settled for the purposes of immigration law?
Thanks.
Permanent residence status is automatic, and EEA residence documentation is optional. The card does not grant or confer PR, it just confirms it.
At the moment, Permanent Residence status is automatic and there is no need to prove it except for the purpose of applying for naturalisation.

In the event of a Brexit, I would imagine that documentary proof of holding PR would be required, as it is currently the practice with ILR.
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.

Noetic
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Re: What will happen to new PR applications after Brexit?

Post by Noetic » Wed Jun 15, 2016 10:48 am

Easier and safer to hold a card that confirms what you'd normally have to back up with an enormous pile of documentation. I panicked after the Swiss vote to breach the Bilateral Agreements with the EU in 2014 and got the DCPR. Really glad I did at the time as it meant I could apply for citizenship before the Brexit vote next week.

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Re: What will happen to new PR applications after Brexit?

Post by Richard W » Wed Jun 15, 2016 7:33 pm

secret.simon wrote:At the moment, Permanent Residence status is automatic and there is no need to prove it except for the purpose of applying for naturalisation.
Or proving that children were born British.
secret.simon wrote:In the event of a Brexit, I would imagine that documentary proof of holding PR would be required, as it is currently the practice with ILR.
My feeling too.

It is conceivable that undocumented permanent residence may cease to make one settled.

mia777
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Re: What will happen to new PR applications after Brexit?

Post by mia777 » Wed Jun 15, 2016 9:40 pm

secret.simon wrote:In the event of a Brexit, I would imagine that documentary proof of holding PR would be required, as it is currently the practice with ILR.
I suppose documentary proof could be the card itself or the documents that you would need to supply to get the card in the first place.

My EEA partner is less concerned about the future than I am :D I'm trying to figure out if her sending an application out before the actual date of the referendum has any real significance which I guess is the purpose of this thread.

secret.simon
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Re: What will happen to new PR applications after Brexit?

Post by secret.simon » Wed Jun 15, 2016 9:46 pm

mia777 wrote:
secret.simon wrote:In the event of a Brexit, I would imagine that documentary proof of holding PR would be required, as it is currently the practice with ILR.
I suppose documentary proof could be the card itself or the documents that you would need to supply to get the card in the first place.
I apologise for being imprecise. I meant that my presumption is that a PR card/DCPR would be specifically required to demonstrate PR status, as opposed to the current situation of no specific documentation being required.
mia777 wrote:My EEA partner is less concerned about the future than I am :D I'm trying to figure out if her sending an application out before the actual date of the referendum has any real significance which I guess is the purpose of this thread.
I would suggest applying for the DCPR before the referendum on the basis that the application would be covered by transitional provisions if things went pear-shaped.
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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