At present, there are two legal regimes operating for EU nationals in the UK.

The rights of free movement from the EU continue to apply whilst the UK remains a member. There is also now Appendix EU of the Immigration Rules which transposes most of the same rights into domestic legislation which has the effect that, when the UK eventually leaves the EU, EU nationals and their family members here will remain here lawfully and will have until at least December 2020 to apply for either Pre-Settled Status (for those who have been here for less than five years) or Settled Status (for those who have been here for five years). For all the similarities to the current regime, and there are many, there are some crucial variations.

One of the main differences between those who have EU status under EU law and those who hold status under the British EU Settlement Scheme (EUSS) is the threshold that needs to be met before that leave can be stopped due to criminality.

Those who hold permanent residence under EU law (five years’ residence) can only be removed from the UK if there are serious public policy or public security grounds. If the person has been here for over ten years, this threshold rises to ‘imperative grounds of public security’. Essentially, unless you’re really dangerous, it’s very hard to ask EU national offenders to depart the UK. The idea that such people are our problem is not such a radical one considering they will be individuals who had been resident in lawful manner long enough to become free from immigration control.

The rules change for those with leave under the EUSS (although the old EU thresholds continue to exist until we depart the EU, subject to the terms of the withdrawal agreement) who suddenly become liable to the much more restrictive deportation regime that currently applies to those of all other nationalities.

At present, under domestic law, those who commit offences of less than 12 months will not generally be deported unless they are persistent offenders or have particularly troublesome associations that may make their presence in the UK undesirable. Those with sentences of 12 months to four years can try and challenge deportation on the basis of a strong private or family life in the UK. Those with sentences of four years or more can only succeed if there are exceptional and compelling circumstances that go above and beyond their private and family life.

As such, any EU national who has a history of criminality would be best served to seek advice now as to how best to look at settling in the UK. It may well be that, whilst free movement still applies, they will be in a stronger position to cement their position in the UK than once we have departed.

If you would like to speak to someone about your status as an EU national, we have a team of experienced advisers who are more than happy to help! To speak with a member of our team please call us, request a callback at your convenience, message us your enquiry or email enquiry@broudiejacksoncanter.co.uk.