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I am a citizen of one of the "remaining" 27 EU countries and I run a company in the UK. Would it

  • make sense
  • be possible on that basis

to apply for UK work and residence permit now?

Right now, I am not a UK resident and I understand that one major reason for the UK wanting to leave the EU is to give up freedom of movement of people.

TorstenS
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    I don't see that there's any way we can answer this. If you've not needed to be resident in the UK so far, Brexit is unlikely to change that. If you have other reasons for wanting to be UK resident, go ahead. – CatchAsCatchCan Mar 18 '19 at 10:45
  • Is your concern from a personal point of view (eg possible restrictions to the amount of time/visits to the UK after Brexit), or from a business perspective? – Traveller Mar 18 '19 at 11:33
  • @Traveller I think it is some kind of mixed motivation after all. Actually, I assume I will still be able to be the director of a UK company after Brexit and I assume they will not necessarily limit my rights to enter the UK for actually conducting business. But still today you are kind of 2nd class citizen if you run a UK company but you're not a UK resident. I think this might get worse in the longer run ... – TorstenS Mar 18 '19 at 12:42
  • @Torsten There is some information here https://www.gov.uk/guidance/visiting-the-uk-after-brexit You may need to be more careful about the frequency/length of visits in time once free movement ends – Traveller Mar 18 '19 at 12:53
  • When do you plan to move to the UK? – phoog Mar 18 '19 at 14:00
  • @phoog I am not sure yet. Why? – TorstenS Mar 18 '19 at 14:28
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    Because at the moment you can move there under freedom of movement rules and be eligible for the "settled status" that will preserve free-movement rights after the end of free movement in the UK. If you move to the UK after the end of free movement in the UK, you will have to do so under the immigration rules (i.e., those that currently apply to third-country nationals), which is more difficult and more expensive. The date on which free movement will end depends of course on the date and terms of the UK's departure from the EU, which are (very) indeterminate right now. – phoog Mar 18 '19 at 14:33
  • An addendum to my previous comment after re-reading the question: I believe it is possible for you to apply now for benefits under the immigration rules (i.e., to apply for visas that non-EU/EEA/Swiss people can apply for). So I think it is "possible," as you ask. It probably makes more sense to establish residence there under free movement so you can continue under the settled status scheme. The other point of my first question, though, was to check whether you actually intend to reside in the UK. If not then you probably won't qualify for a residence permit or settled status. – phoog Mar 18 '19 at 18:43
  • @phoog Many thanks, your addendum contains what I was looking for. Other than that: Where one "resides" is sometimes difficult to tell in our modern world. What makes it a bit hard for continental Europeans to understand those schemes is that there is nothing like the German Einwohnermeldeamt in the UK. So it feels a bit "soft" as to when someone starts residency in the UK. I have an address, I do have a phone, but does that mean I moved to the UK yet or what act would I would have to proof later as the point in time I moved there. Well, maybe this would make for a separate question. – TorstenS Mar 20 '19 at 14:22
  • If there isn't already a question about the meaning of "resident in the UK", it might be worth asking one. As a complication, it might mean different things for different purposes (e.g. tax, immigration, ...). – Peter Taylor Apr 05 '19 at 07:15

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