European Nationals and Their Families

The UK is due to leave the EU on 31 October 2019. 

The UK and the EU have reached an agreement in principle on the rights of EU citizens living in the UK and of British citizens living in the EU. The agreement on citizens’ rights is part of the draft withdrawal agreement which was was published on 25 November 2018 – and rejected by the House of Commons on 15 January 2019.

See our page on what EU citizens in the UK need to know here.

For European citizens wishing to relocate to the UK in the future, there are key considerations to make in light of Brexit, and there may be alternative options available to you and your family. Our team has extensive experience advising on many aspects of European law and can advise you on other visa categories to help you decide the best course of action to take.

At present,  a European citizen may live and work in the UK if you are exercising your rights under European law as a worker, a self-employed individual, a self-sufficient person or as a student. Provided that you can demonstrate this, your family members would also be entitled to live with you in the UK.

Evidencing your rights as a European citizen may not be easy and, in some cases, extensive evidence is required. We have a team of leading immigration lawyers who can advise you on the options available for you and your family to live and work in the UK through your European citizen rights. Nicolas Rollason is an expert in EU immigration law and has litigated key test cases before the European Court of Justice. Elspeth Guild is internationally renowned in the field of European immigration law and her expertise spans across multiple jurisdictions within the EU.

With our team’s considerable expertise in European law matters, we can assist you with making key life decisions for you and your family in light of future changes brought about by Brexit.

Recent examples of work

  • An EU national, who has found employment in the UK, wishes to relocate to the UK with his partner and children. The family can relocate to the UK
  • The spouse (not an EU citizen) has found employment in the UK. His wife is an EU national and a self-sufficient person. The couple can relocate to the UK
  • The father and mother (not EU citizens) are financially dependent on their son, who is an EU national. The parents can join their son in the UK
  • A non EU national has divorced their EU spouse. She demonstrated she retained her rights under EU law by satisfying the EU requirements on eventualities of a divorce. She can continue her residence in the UK
  • A non EU national works for an EU employer based in Europe. Their employer wishes to post him/her to the company’s UK offices to work on a project for a limited period. The non EU national can continue their employment their EU employer at the company’s UK offices under the provisions provided by the EU case law of Van der Elst
  • A British national has been working and living in Europe for many years. The spouse of the British national is not an EU citizen. The British national wishes to relocate back to the UK with his/her spouse. The couple can relocate back to the UK under the provisions provided in the EU case of Surinder Singh

 

WHAT IS SAID ABOUT US

Nicolas Rollason heads the firm's immigration offering and is highly respected in the sector. He has extensive knowledge of EU immigration law and has experience in taking cases to the ECJ as well as lobbying government on behalf of his clients.

Chambers UK, A Client's Guide to the UK Legal Profession

Elspeth Guild is celebrated for her magisterial command of EU immigration law. Her academic and legal standing is such that she regularly engages with the UNHCR, the Council of Europe and the EC as an expert.

Chambers UK, A Client's Guide to the UK Legal Profession

Always prompt and factual’" Kingsley Napley LLP provides "an excellent level of service"

Legal 500 UK

Kingsley Napley leads the immigration outfits in the UK"

Who's Who Corporate Immigration

The practice has gone from strength to strength.'the group is 'at the top of its game,' whilst clients are keen to highlight that the department is 'extremely informative and good at reporting policy changes'..." 

Chambers UK, A Client's Guide to the UK Legal Profession

Interviewees agree that Kingsley Napley is home to a superb team of immigration lawyers"

Chambers UK, A Client's Guide to the UK Legal Profession

Absolutely superb” 

Chambers UK, A Client's Guide to the UK Legal Profession

Top of the tree, with admirable depth and breadth” 

Chambers UK, A Client's Guide to the UK Legal Profession

Genuinely ground-breaking work that requires this firm’s impressive brainpower” 

Chambers UK, A Client's Guide to the UK Legal Profession

Kingsley Napley LLP has ‘enormous experience and great depth of practice'" 

Legal 500 UK

 

For more information about our immigration services please contact Nicolas Rollason at nrollason@kingsleynapley.co.uk or a member of the team.

Always prompt and factual’" Kingsley Napley LLP provides "an excellent level of service"

Legal 500 UK

Kingsley Napley leads the immigration outfits in the UK"

Who's Who Corporate Immigration

​Interviewees agree that Kingsley Napley is home to a superb team of immigration lawyers"

Chambers UK, A Client's Guide to the UK Legal Profession

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