Date published: 6th August 2019

If Boris Johnson has his way the UK will - deal or no deal - leave the European Union at 11pm on 31 October 2019.

Before this date, European nationals and their eligible family members can still enter the UK without a visa.

After the UK leaves the European Union, if a Withdrawal Agreement (a deal) is agreed, the UK will enter into a ‘transition’ period.

European nationals and their family members then have until 31 December 2020 to apply to remain in the UK under the ‘settlement scheme’, which has been designed to offer EU nationals and their family members the opportunity to protect their residence in the UK after we leave the EU.

At present there are two systems operating in parallel for EU nationals and any eligible non-EEA (European Economic Area) national family members to obtain evidence of their status in the UK:

  1. Applications for residence documents under the Immigration (European Economic Area) Regulations 2016 (this system will end when the UK leave the EU)
  2. Applications for settled status under Appendix EU to the UK’s Immigration Rules.

The government has also said that in a no-deal scenario, EU citizens and their family members lawfully residing in the UK will “be able to continue to access in country benefits and services on broadly the same terms as now”.

However, the Brexit landscape is shifting rapidly and we are increasingly being approached for assistance by European nationals who are anxious to secure their own and their families' futures in the UK.

In contrast to the previous system of acquiring permanent residence in the UK, the Settled Status scheme is more generous than the EU regulations. For example

  • In order to apply under the settlement scheme you do not have to be ‘exercising a right to reside’. This means if you are an EU citizen you will not have to be in the UK as a ‘worker’, ‘student’ or ‘self-sufficient person’ etc.
  • There is also no longer any requirement under the scheme for students or self-sufficient persons to provide evidence that they have comprehensive sickness insurance.
  • If you have not been in the UK for five years you can apply for ‘pre-settled status’ (a grant of five years’ permission), and after five years of living in the UK you can apply for settled status.

It is important to note that in order to naturalise as a British citizen, you will need to be free from immigration time restrictions for 12 months. Therefore European nationals must obtain settled status or permanent residence before they can apply for citizenship.

Why Broudie Jackson Canter?

 

  • We have many years of experience of obtaining positive outcomes for EEA nationals seeking to secure their status in the UK.
  • We also offer full representation in appeals and Administrative reviews of negative decisions.

For expert, empathetic advice in relation to EU Settled Status or applications under the EEA Regulations, please contact Gordon Irving in our Immigration team by calling us on 0151 909 1688  request a callback at your convenience or message us your enquiry.