I cannot say what will happen to EU nationals and their family members when we finally make the big break from the EU but I do advise clients to protect their interests by applying for the status to which they are entitled, whether that is an EEA residence card or EEA Permanent Residence. Applications are currently taking just under 6 months for the Home Office to decide but provided that the correct evidence is supplied (and I ensure as far as possible that it is) there is no reason for an application to be rejected.
We have just succeeded in securing EEA Permanent Residence status for an Israeli national whose German wife has been exercising Treaty rights for the past 5 years in the UK. She has also been granted Permanent Residence along with their older daughter. Their younger daughter has been granted a registration card due to her age but her interests are now protected.
What made this case unusual was that the Israeli national needed to keep his Israeli passport because he has to make frequent trips abroad for business reasons. I filed a copy of his passport which I certified as a true copy and gave the Home Office the opportunity to request the original which in fact they never did. I gave him a copy of my covering letter which I sent with the applications and which set out the legal basis for his presence and stay in the UK and he showed this letter upon his return from his business trips until such time as he received an official letter from the Home Office stating that his application was received by them and was under consideration. The family wanted to go to Israel for the Jewish holidays in October 2016 so I applied online for the return of the German passports of the children and their mother and these were returned directly to them without delay. Extra client care paid off and we can say that the system definitely worked in this case.
By Warren Grant