May makes an announcement

http://www.bbc.co.uk/news/uk-politics-40376083

Well, this is the proposal!

I wish Brussels could look at the application and requirements for a UKC to bring someone into the country.  I think if they did, they would realise EU citizens living in the UK have not been treated unfairly.  But they won't, which I kind of get.

From STV news, a bit more clarity:

"Under Mrs May's plans, unveiled on the eve of the anniversary of the Brexit referendum, EU nationals who have lived in the UK for five years by a specific cut-off date will be given the chance to take up "settled status", granting them rights to stay in the country and receive healthcare, education, welfare and pensions as if they were British citizens.Those resident for a shorter period will have the opportunity to stay on until they have reached the five-year threshold.
Those arriving after the cut-off date but before the date of Brexit will have a "grace period" - expected to be two years - within which to regularise their immigration status with a view to later seeking settled status.The cut-off date is  yet to be set, but will come between the day when Britain formally notified Brussels of its intention to quit on 29 April 2017 and the day when it finally leaves, expected to be 29 March 2019."

Of course. We were at the airport leaving on April 29, and didn't land in the UK until Sunday, April 30. The day after the formal notice of Brexit was given to the EU.  I see it coming....   

Then again, we might have the "been here 2 years when Brexit "closes" and if there's another two year window after that,... we still won't have five years. So what would be the "regularization of status" mechanism we would use with the view to later obtaining settled status?  Lots still not clear, but at least we can see her position.

I twice heard her say, that the offer is for those living legally in the UK at the time of Brexit.

You can’t just go and live in another member state. Residing in another country does not mean that you are legally in that country.

The 2004 Directive is a step by step guide and made it quite clear what an EEA citizen has to do to be legally in another member state with their family members. That they are only allowed 90 days in another member state and then must be what the Directives states is a "qualified person" by that 90 days and remain one at all times to be have a "right to reside" (be legally in that country with their family members).

Their Directive is also very clear that: their '5 years to PR in that member state' is five years of continuous legal stay: that they are not allowed a single day when they are not legally in that country; that their '5 year to PR clock' starts at zero when they start to be legal in that country again. The UK does seem to be allowing a few days leeway on that.

Since the Leave vote, many of those who are not legally in the UK have rushed to become legal. As they can't turn the clock back, their 5 years to PR, starts from when they become legal.

Some very interesting wording in the recent guidance issued for Home Office staff, regarding removing those who entered under the various EU laws but then didn't bother to keep to the EU Directive. It seems that if they are not legally in the UK under EU laws and don't have permission to be in the country under UK immigration laws, then they are breach of UK immigration laws. Illegally in the UK in the previous 10 years, is a fail of the Good Character requirement for British citizenship.

There are those who have now reached 5 years of continuously being legal in the UK and can now be granted a DCPR (or PRC) as EU law states, but who have lived illegally in the UK in the past 10 years (they/their EEA citizen sponsor, stopped being a qualiifed person).  It didn't matter that they were illegally in the UK before, as they just remained in the UK on the EU's PR.

I wish Brussels could look at the application and requirements for a UKC to bring someone into the country.  I think if they did, they would realise EU citizens living in the UK have not been treated unfairly.  But they won't, which I kind of get.

I would like to hear Trump's repsonse if Merkel told him she will be looking at US applications for a US citizen to bring someone to their country.

Since the leave vote, there have been a lot of court cases launched by those who are not living legally in the UK (entered under the 2004 Directive but didn't bother to keep to it). One is by some EU citizen women who feel the Directive is not fair to them as they are a wife of a British citizen. It's a bit of a red herring as the Directive doesn't help non-EEA citizens either. Plus the Directive did allow for these, but they just didn't bother to keep to the Directive.

One is by some EU citizen women who feel the Directive is not fair to them as they are a wife of a British citizen.

That's ironic! 

That's ironic! 

It made me laugh.

From STV news, a bit more clarity:

"Under Mrs May's plans, unveiled on the eve of the anniversary of the Brexit referendum, EU nationals who have lived in the UK for five years by a specific cut-off date will be given the chance to take up "settled status", granting them rights to stay in the country and receive healthcare, education, welfare and pensions as if they were British citizens.Those resident for a shorter period will have the opportunity to stay on until they have reached the five-year threshold.
Those arriving after the cut-off date but before the date of Brexit will have a "grace period" - expected to be two years - within which to regularise their immigration status with a view to later seeking settled status.The cut-off date is  yet to be set, but will come between the day when Britain formally notified Brussels of its intention to quit on 29 April 2017 and the day when it finally leaves, expected to be 29 March 2019."

Of course. We were at the airport leaving on April 29, and didn't land in the UK until Sunday, April 30. The day after the formal notice of Brexit was given to the EU.  I see it coming....   

Then again, we might have the "been here 2 years when Brexit "closes" and if there's another two year window after that,... we still won't have five years. So what would be the "regularization of status" mechanism we would use with the view to later obtaining settled status?  Lots still not clear, but at least we can see her position.

As noted on other sites, nothing has been mentioned about non-EEA nationals yet. Most of these are using European Court of Justice Rulings to be in the UK, that seem to have stemmed from this ruling
https://en.wikipedia.org/wiki/Metock_v_Minister_for_Justice,_Equality_and_Law_Reform

Before that case, the non-EEA citizen had to meet the condition of having prior lawful residence in another member state, to be able to become  a family member. The UK reintroduced this last year as a part guide for the ECJ Singh ruling, to check if the third country national (non-EEA national) frauduently tried to use that Singh ruling to avoid UK immigration rules.

Lets not forget too that this is only on offer for the 3 million EEA nationals in the UK, if the EU also gives this to the 1 million Brits in other EEA countries.

Merkel is well aware that the welfare bit is hollow. She knows the UK are now reducing benefits to below that of Germany, France and Sweden from 2017. The UK started on the the overhaul of the welfare state from 2008 and Germany looked to see if they would be able to reduce their benefits payment to the same rate as the claimant got in their own country, but found it needed a change of EU law.

A 15 page document on this is being released by the UK today.

Another email blast from the Home Office:


"Today, the Government published a paper outlining our offer for EU citizens in the UK, and UK nationals in the EU. You can read more about our offer for EU citizens on GOV.UK: Status of EU citizens in the UK: what you need to know. You can also read the full policy paper: Safeguarding the position of EU citizens living in the UK and UK nationals living in the EU. There is no need to do anything now. The UK will remain a member of the EU until March 2019 and there will be no change to the rights and status of EU citizens living in the UK, nor UK nationals living in the EU, during this time. So, EU citizens do not need to apply for documentation confirming their status now. Our policy paper sets out that we will be asking EU citizens to make an application to the Home Office for a residence document demonstrating their new settled status. We will make the process as streamlined and user-friendly as possible for all individuals, including those who already hold a permanent residence document under current free movement rules. We expect the new application system to be up and running in 2018. Information is also available on what UK nationals travelling and living in Europe need to know.

Thank you,

Home Office Communications"

And the pertinent link is

https://www.gov.uk/guidance/status-of-eu-nationals-in-the-uk-what-you-need-to-know

If this holds, it looks like we're ok.    Maybe - depending on the cutoff date. (You watch, it'll be March 29, the date we were flying over.)

"29) Family members ... of eligible EU citizens (who can be either EU citizens or non-EU nationals) who are resident in the UK before we leave the EU will also be eligible to apply for settled status, provided that they too meet the criteria above and have been in a genuine relationship with an eligible EU citizen while resident in the UK. Family members who do not yet have five years’ residence will also be eligible to apply for permission to stay (‘leave to remain’) to enable them to accrue these. Most EU citizens will be eligible for the settlement scheme in their own right (rather than as a family member of a resident EU citizen), so this will be most relevant to non-EU national family members. However, EU citizens will be able to access the scheme as a family member if they wish to and can evidence their relationship."




 

Under UK immigration law and not EU law Nan:  they have said the CSI will be done away with. That CSI stuff is EU laws.

I can't see how the EU really expected to still use their laws in the UK after Brexit (which favours EU citizens and their non-EU family members over citizens of that country) in a country that will no longer be part of the EU.

The end of the EU's Court of Justice having the final say in the UK and using international law instead. The EU won't like that as some then won't be allowed to remain in the UK and will move to other EU countries.

Those allowed, moved to Limited Leave to Remain. Applicants must apply for ILR when they reach the 5 years of legal stay. No guarantee it will be granted. Is there a Good Character requirement for ILR? Fees to pay too I assume.

And it seems a massive swipe at the abuse known as Retained Right of Residence that the EU courts created. It's an easy route to the UK for entire extended families, by one of that group marrying an EEA citizen. Under the proposals, a genuine relationship will be needed for family members to stay. The genuine bit is not required under this EU ruling and that newly married husband and wife don't even have to live together when in the UK. Many have a divorce come through at 3 years, which is the time the EU court said is the minimum for Retained Rights of Residence in the UK. They EU won't like that one either as these will move to other EU countries.

Yeah, saw the no CSI thing.

And yeah, that didn't make a lot of sense, expecting EU citizens to be covered by a "foreign" court in a country not EU. But....

My concern now, and it hasn't been addressed yet, is the cutoff date. There is language in the proposal that since she's a direct dependent family member all proceeds as if she's EU (although she's USA). So we know that, at least.

If the cutoff date is March 29, 2017, she'll be under a different set of requirements at the end of the Brexit.  Having arrived before the cutoff date will be the most beneficial, I think, for her. But since we were not yet in transit on that date, and since they haven't indicated when the cutoff date actually is, we're still kind of hanging on exactly what her options are going to be, under this permutation of the proposals.

"Before cutoff date" process is pretty much spelled out. "After cutoff date but before Brexit" has a lot of "whatever processes are set up at that time" in it. I guess we'll just wait to see what flies. In any event, it looks like (unless everything falls apart) she'll have at least 4 years here. Which is good - we can work with that. Assuming it all flies.

Our household goods appear to have cleared customs yesterday, so we had quite a lot of excitement in the house, besides Ms. May's proposal being explained. Soon we shall no longer be camping out in our flat! 

I twice heard her say, that the offer is for those living legally in the UK at the time of Brexit.

You can’t just go and live in another member state. Residing in another country does not mean that you are legally in that country.

The document does talk about being legally in the UK, not just "who had lived in the UK for five years" as the BBC article says.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/621848/60093_Cm9464_NSS_SDR_Web.pdf