Continue to live in the UK after Brexit

Brexit People

The United Kingdom (UK) will leave the European Union (EU) on 29 March 2019. Leaving the EU means a number of changes that will affect businesses and individual citizens.

Brexit Key Dates

According to the draft withdrawal agreement published dated 19 March 2018, if you’re an EU citizen, you and your family will have time until 20 June 2021 to apply for a temporary status documents under the EU Settlement Scheme and will be eligible to apply for settled status after 5 years. They will be able to bring any existing non-EU family members to the UK under EU family reunion provisions.

For an example, if an EU national arrives to work in the UK during the transitions period, they will need to apply for a temporary status document for up to 5 years, after which time they will be able to apply for settled status if they continue to exercise the treaty rights. If they subsequently wish to bring an aged parent to the UK in April 2021 (following the end of the transition period), they will be able to do so under the EU provisions for family reunion.

Status granted to EU nationals

Under the EU Settlement Scheme qualified applicants will be either granted indefinite leave to remain (ILR) – also referred to for the purposes of the scheme as ‘settled status’ – or 5 years’ limited leave to remain (LTR) – also referred to as ‘pre-settled status’ if you haven’t lived in the UK for 5 years.

Do you have a valid ‘permanent residence document’ from the UK government?

If you have a UK permanent residence document, you’ll have one of the following:

  • a certificate inside your blue ‘residence documentation’ booklet (or pink if you’re a Swiss national)
  • a certificate inside your passport
  • a biometric residence card confirming permanent residence

You will not have a permanent residence document unless you applied to the UK Home Office for it. You will usually only be able to apply for it when you’ve lived in the UK for 5 years.

Do you have valid ‘indefinite leave to remain’ or ‘indefinite leave to enter’ status from the UK government?

EU, EEA and Swiss citizens do not automatically have indefinite leave to remain in or enter the UK.

Indefinite leave to remain and indefinite leave to enter are types of immigration status you’ll usually have applied for. You’ll usually have a stamp in your passport or a letter from the Home Office.

If the answer of the above two options is No:

You’ll need to apply by 30 June 2021 to continue living in the UK

Do you need to pay any fee for settled status?

On 21 January the Prime Minister announced that there will be no fee when the scheme opens fully on 30 March 2019.

Apply for British citizenship

You can apply for British citizenship if you’re eligible for it after you’ve got settled status under the EU Settlement Scheme. You will need to;

Disclaimer:

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.

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