Uncertainty over their position in a post-Brexit Britain has led to increasing numbers of European Union citizens living and working in the UK seeking citizenship or permanent residence certificates, according to official figures.Although the government has said it will make a priority of securing the right to remain of the estimated 3.2 million EU nationals currently living and working in the UK, a deal depends on the other 27 nations in the bloc agreeing to similar rights for British citizens in the EU.

Sombre mood

Earlier in February, MPs rejected an amendment to the bill triggering notification of Britain's exit, which would have guaranteed EU citizens' rights. Nicolas Hatton, the founder and co-chair of organisation the3million, which campaigns to have EU citizens’ rights safeguarded after Brexit, told The Independent, “The mood is sombre among EU citizens today following another vote in parliament rejecting our basic request to be treated like human beings, not bargaining chips."In an apparent bid to avoid the 'bargaining chip' scenario, latest Home Office figures show that 16,754 people from EU countries were granted citizenship in the UK in 2016, the second highest figure on record. Some 6,498 people from older member states such as France, Spain and Germany became British citizens, a 50 per cent rise on the total the previous year.

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Meanwhile, there has been a surge in the number of European Economic Area citizens being granted permanent residence certificates – evidence of the pre-existing right of residence granted to EU expats after five years of continuous exercise of EU law rights as a worker, self-employed person, self-sufficient person or student (or mix of any of these). Since November 2015, possession of such a certificate has been a prerequisite for a UK citizenship application.The Home Office said some 32,000 permanent residence document applications had been issued in the final quarter of 2016 alone – an increase of 560 per cent on the same period in 2015.But an analysis of Home Office data by Laura Devine Solicitors says questions remain over the capacity of the immigration system to cope as an ever-increasing proportion of EU citizens opting to apply for permanent residence.

Pending applications

The company, which specialises in immigration issues for global clients, identified a ‘hidden backlog’ of some 414 per cent of applications – illustrated by an annual total of 40,485 in 2016 compared to 7,871 in 2015 – recorded as received, but not formally input into Home Office systems in 2016. Additionally, the firm estimated there were a further 85,000 pending applications.Sophie Barrett-Brown, head of the UK practice at Laura Devine, said, "The Home Office is dealing with unprecedented demand from EU citizens for residence documentation that millions are eligible for, but few had even thought to apply for prior to the Brexit referendum result."Welcome innovations such as shorter-form online routes for some applicants, replacing the cumbersome 85-page form, are helping. But even with only a fraction of those eligible applying so far and the hidden backlogs highlight the pressure the system is already under. More radical steps are needed to streamline processing of applications and spare thousands of individuals and families suffering unnecessary anxieties and disruption to their work and family lives.”

Comprehensive sickness insurance

The company said that large numbers of EU citizens, often stay-at-home parents married to British citizens, are discovering when applying for permanent residence documentation since the referendum that they are required to show they’ve had comprehensive sickness insurance (CSI) for a continuous period of five years, despite having been allowed full access to NHS services while they have lived in the UK and raised their families."In these cases, unless the government uses the Brexit process to address this unduly narrow interpretation of EU law, the applicants will have to obtain CSI and maintain it for five years before being able to apply for permanent residence documentation – taking them well beyond the point when Britain will have exited the EU, and so adding considerable further uncertainty for many families."Ms Barrett Brown added, “EU citizens who are the mothers and fathers of children born and brought up in the UK – many of them the spouses of British citizens and taxpayers – have in many cases simply not realised that they would require five years of private health insurance to be eligible for permanent residence documentation."These people have been registered with a GP and used NHS services until now, and have had no prior need to apply for documentary evidence of their right to residence. But post-Brexit vote, they’re applying for documentation to seek to create certainty around their settled family and home lives, only to discover this hidden healthcare hurdle."For related news and features, visit our Brexit section.Access hundreds of global services and suppliers in our Online Directory  Get access to our free Global Mobility Toolkit

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