tag:blogger.com,1999:blog-8704899696538705849.post1460832771669401645..comments2024-03-28T02:32:17.979-07:00Comments on EU Law Analysis: UK citizens as non-EU citizens in the EU after Brexit: applying the EU Directive on non-EU long-term residentsSteve Peershttp://www.blogger.com/profile/05869161329197244113noreply@blogger.comBlogger21125tag:blogger.com,1999:blog-8704899696538705849.post-42272616857689761482022-02-16T08:07:55.151-08:002022-02-16T08:07:55.151-08:00Thanks Thanks Steven Larsonhttps://www.blogger.com/profile/03854731934385685123noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-62575683690836555932019-03-11T22:05:17.736-07:002019-03-11T22:05:17.736-07:00I am in a similar position to DoubleVision with re...I am in a similar position to DoubleVision with regards to lack of a degree, although I've only been here 18 months.<br /><br />Both the HR of my Employer and the "Betriebsrat" (workers council) have said that the guidance they are getting from the German authorities is simply "third country national rules will apply if there is a no-deal Brexit".<br /><br />There is no additional guidance, even at this late stage, for how these will be applied in practice as there is no precedent for workers losing their EU citizenship over night. <br /><br />HR have warned that if it's a case of retrospectively applying the rules without any consideration of people being EU citizens at the point that they were hired, then unless someone's occupation is in the "in demand list", then the onus is on whether the Beamter believes that an EU citizen can do the job, and that in situations where the person does not have a degree and does not have a B1 certification, then finding a residency permit that suits that situation could prove difficult. The German position is currently that people already resident in Germany will have three months to transition on to the relevent third country national permit. <br /><br />In the case of DoubleVision, the >5 years should mean eligibility for a Niederlassungserlaubnis or permanent residency, provided that B1 language requirements are met.Anonymoushttps://www.blogger.com/profile/12398254805691579368noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-43383231040199220562019-03-03T05:22:35.199-08:002019-03-03T05:22:35.199-08:00Worth looking into whether long term residence sta...Worth looking into whether long term residence status is available. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-74691949132097747072019-03-03T05:21:56.402-08:002019-03-03T05:21:56.402-08:00If the withdrawal agreement is ratified, free move...If the withdrawal agreement is ratified, free movement of people will continue during the transition period, including for self-employed UK citizens. After that, it would be up to negotiations on the future relationship. It is possible that this could be covered by the planned free trade agreement in services. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-44324949487651920042019-03-03T05:00:45.408-08:002019-03-03T05:00:45.408-08:00I have been in Germany 5.5 years and don't hav...I have been in Germany 5.5 years and don't have a uni degree and I'm in an office job so not a skills shortage area.<br />I am watching what happens DoubleVisionhttps://www.blogger.com/profile/12691837574753302173noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-3015828237112102582019-03-03T02:55:33.834-08:002019-03-03T02:55:33.834-08:00Thank you for this. It's very helpful.
You ta...Thank you for this. It's very helpful.<br /><br />You talk about the rights of self-employed people. Do you have a view on whether we will still be able to sell consultancy services to other MSs? I am getting contradictory opinions on this, even with a WA. Thanks in advance.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-32701885580747330422019-03-03T01:30:51.358-08:002019-03-03T01:30:51.358-08:00You would have to look closely at the law to see h...You would have to look closely at the law to see how it fits in with the EU and national rules on long-term residence, and also whether there is some other basis to stay for those there for a shorter period (student status, family reunion, more general retention of rights). Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-62501940395151576252019-03-02T12:31:14.838-08:002019-03-02T12:31:14.838-08:00Something that I am curious about, is Germany'...Something that I am curious about, is Germany's approach to this seems to be "UK citizens become third-country nationals and we already have rules for third-country nationals". Now, there are a fair number of British nationals living in Germany who do not meet the citizenship requirements, and who do not have university degrees or two-year qualifications; now, my reading of the third country nationals rules for Germany is that unless a vocation or industry is listed as having a skills shortage, third country nationals need at least a recognised vocational qualification from a two-year study, in order to get a permit (alongside a job offer).<br /><br />With no word about how rigidly things will be enforced, besides an official FAQ that says "no-one will have to leave Germany immediately, there will be a three month transition period", is it a possibility that some British citizens who have already been working in Germany for a couple of years find out at some point between March 30th and June 30th that they don't meet 3rd country requirements and so cannot continue in their current jobs?Anonymoushttps://www.blogger.com/profile/12398254805691579368noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-28691340276175702692019-02-16T08:53:38.399-08:002019-02-16T08:53:38.399-08:00Thanks Steve, a no deal will be a real car crash. ...Thanks Steve, a no deal will be a real car crash. Thankfully we have an Irish daughter and can reply on Zambrano if it comes to it. For others it's very tough unless Ireland makes an arrangement for non-EU spouses.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-55622730661940756892019-02-15T17:06:58.161-08:002019-02-15T17:06:58.161-08:00No, they can't.No, they can't. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-58793431740341658792019-02-15T16:09:58.155-08:002019-02-15T16:09:58.155-08:00Can non EU/non UK family members in Ireland rely o...Can non EU/non UK family members in Ireland rely on the LTR directives if as you mentioned Ireland opted out of the directive? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-39012351215747328682019-01-07T17:22:59.181-08:002019-01-07T17:22:59.181-08:00Obviously Ireland, since free movement will contin...Obviously Ireland, since free movement will continue. Otherwise it's impossible to say - you would need to look at the details of what different States do, and some laws might not be proposed or adopted yet. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-4796438307593110022019-01-07T13:33:41.650-08:002019-01-07T13:33:41.650-08:00In your opinion, which is the best country (best c...In your opinion, which is the best country (best chance of UK cits being able to stay), if they have less than five years?Craighttps://www.blogger.com/profile/07821032138025495629noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-50656645251313916912018-12-29T12:37:58.854-08:002018-12-29T12:37:58.854-08:00Thank you for this clarification.Thank you for this clarification.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-28525481745826072342018-12-29T11:20:41.077-08:002018-12-29T11:20:41.077-08:00There's no general legal vacuum as long as the...There's no general legal vacuum as long as the immigration rules cover their position. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-83338980465272522302018-12-29T05:34:38.891-08:002018-12-29T05:34:38.891-08:00Well, they are in a legal vacuum as long as their ...Well, they are in a legal vacuum as long as their applications are "processed". Regarding the sheer number of 2.5 million (without the Irish who can fall back on the Common Travel Area), this legal vacuum (lawlessness?) can last for months, if not more than a year.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-45098719715108858272018-12-29T02:40:29.264-08:002018-12-29T02:40:29.264-08:00The immigration rules for the settled status syste...The immigration rules for the settled status system were adopted back in the summer. As long as they are the law then "all EU27 citizens will be illegal" is not a tenable interpretation. I agree that the Home Office is prone to error and people without documentation will likely fall into difficulties. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-64925476452682368812018-12-28T18:55:24.230-08:002018-12-28T18:55:24.230-08:00Sorry, this nothing, but a piece of paper.
This g...Sorry, this nothing, but a piece of paper.<br /><br />This government is led by the woman who introduced the hostile environment. This government hasn't got a majority in the Commons. This government deported British citizens to the Caribbean. The responsible minister at the time is now back and the great hope for a "common sense" Brexit. This government outsourced the management of deportation camps to the private sector and hasn't got a problem with regular suicides there. This government systematically sabotages the naturalisation process by using second class mail, while setting tight deadlines for responses. The responsible minter Noakes is not interested in problems and not really informed. This minister also shall -at same time- make the border force ready for increased customs checks, a duty with it already struggles which one can see in the OLAF demand against the British government to compensate for endemic VAT fraud in the last years. The senior minister has nothing better to do than to incite and exploit the fear of a handful refugees.<br /><br />This kafkaesque, understaffed ministry with an irresponible leadership shall be of any comfort?<br /><br />This government is already overwhelmed with the administrative nightmare of enacting the withdrawal. In a no deal scenario this paper is worthless.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-31929035835028728282018-12-28T17:44:28.517-08:002018-12-28T17:44:28.517-08:00No, because the UK government has already announce...No, because the UK government has already announced that the settled status process will still apply. I covered the details in a blog post earlier in December: https://eulawanalysis.blogspot.com/2018/12/staring-into-abyss-citizens-rights.htmlSteve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-85406687357182155522018-12-28T14:04:25.592-08:002018-12-28T14:04:25.592-08:00And what about EU citizens in the UK in a "no...And what about EU citizens in the UK in a "no deal" scenario? Do you have then 3 million Illegals there? I mean, they don't have any sort of visas and -unless they already have obtained a permanent settled status or a leave to remain status- are left without a legal status as the EU laws cease to apply.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-46006653572383411232018-12-28T05:54:45.132-08:002018-12-28T05:54:45.132-08:00This comment has been removed by the author.Anonymoushttps://www.blogger.com/profile/00060271943464919901noreply@blogger.com