Perth

HKG3

The Times done an in depth report on Brexit and immigration today (7 March 2017). One of the case study was titled 'Bureancracy cost widow right to stay'. In this case, Mrs Marianne Hendry, a Dutch national married to a British Citizen and lived in Perthshire for almost 25 years, was denied permanent residence certificate by the Home Office.

DaveLovesDee

But according to Gov.uk,

So she doesn't legally need a Permanent Residence certificate under the Home Office's own rules!!!

HKG3

Mrs Hendry told the journalist that she wants to get a permanent residence certificate in order to apply for British Citizenship.

DaveLovesDee

And now she can't get either.

Is this the Home Office's way of making it harder for EU nationals to stay in the UK post-Brexit?

HKG3

The Times also reported today (7 March 2017) that some British expats are worried about Brexit.

Rebecca Hay, who lives in Oliva, a small seaside town 30 miles from Calpe, worries about her children's future.

BritInParis

Means nothing unless you know why she was refused

More hysteria reported as fact, and in The Times as well, what a shame.

Editha

The mother's fears are not hysterical at all.

At the moment EU students pay the same fees for uni as UK students, not the foreign students rate. And they are entitled to student loans. If that changes, as it probably will, it could easily prevent the boys going to uni in the UK.

British people migrating back to the UK already have to satisfy the habitual residency test before accessing the full range of public services. It is not unreasonable to fear that rights of returnees will be further restricted once the UK is no longer in the EU.

DaveLovesDee

Even now, as an EU member state, the UK is required to comply with EU law on how it treats EU nationals. And to large extent, those also applies to Brits and their families who return to the UK under EU law and the SS route.

For immigration purposes, the UK can treat those Brits and their family members who have never left the UK, or who are returning to the UK from non-EU countries, in whichever matter they choose. Unfortunately.

HKG3

Under the current set up, when the UK is still a member of the EU, the boys (both British Citizens) will need to pay international fees at an UK university if they are unable to satisfy the three years habitual residency for home student rate. The only way to overcome this is for them to gave up their British Citizenship and become Spanish citizens, then they will be charge the home student rate regardless.

What is likely to happen after Brexit is that everyone will be charge international rates unless they are British Citizens and met the three years habitual residence requirement.

Editha

We don't know whether the boys have Spanish citizenship already, since we don't know the nationality of their father.

Giantaxe

Regardless of whether what was said by that person is true or not, it wasn't reported as fact. The article clearly states "She also fears that her sons..."

Editha

You are not in a position to give that advice BiP. The white paper expresses the UK's intention to maintain the CTA, but not only is it not yet law, but it isn't just up to the UK government, or even the UK and Eire governments. It is something that has to be negotiated with the EU. The best one can advise at the moment is that the CTA will probably remain.

BritInParis

Whether the two boys pay home or international fees is hardly the same as not being permitted to attend university in the UK or access public services. The HRT applies to anyone coming to the UK, British citizen or not, and has nothing to do with the EU.

An unfounded fear that went unchallenged by the report ergo has been presented as fact.

BritInParis

Erm, no. The CTA has been in effect for nearly 100 years and was in existence for 24 years before the signing of the Treaty of Rome and 70 years before Maastricht. The CTA also covers Jersey, Guernsey and the Isle of Man, none of whom are EU member states and are not subject to EEA freedom of movement. Nothing about the CTA needs to be negotiated with the EU.