Brexit for EU citizens

I have had many people approach me asking what will happen and the procedure once we leave the EU

Posted October 10,2018 in News and Politics.

Willand Staffline
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Brexit for EU citizens

EU migrant workers living in the UK and Brexit

 

Don’t panic, you can continue to live and work in the UK…

 

EU citizens living in the UK before the UK leaves the EU on 29 March 2019 will be able to continue to live and work in the UK.  You and your family will be able to apply to get either settled or pre-settled status. This will mean you can continue living in the UK after December 2020.

Settlement scheme

To secure their rights, EU citizens will need to go through a simple digital application process which will confirm their status in the UK for as long as they want to stay. The scheme will open in March 2019 you will not be able to apply before and applications can be made up until 30 June 2021.

Implementation period

The agreement reached with the EU extends the citizen's rights protections to include EU citizens and their families arriving in the UK during the implementation period (30 June 2019 - 31 December 2020). This ensures that those planning to come to the UK after March 2019 know what the arrangements will be.

 

 

The government is making the application process as quick and user-friendly as possible. Existing government data will be used to reduce the amount of evidence EU citizens will need to provide.

The application process will check three basic principles – identity, UK residence and criminal convictions.

 

EU citizens will need to:

  • Prove identity and nationality with an EU passport or National ID card and provide a recent photograph.
  • Declare any criminal convictions. Only serious or persistent criminality will affect eligibility for the scheme.

EU citizens will not have to:

  • Account for every trip taken out of the UK
  • Show evidence of holding comprehensive sickness insurance
  • Provide fingerprints

 

 

 

 

Settlement scheme

If you’re a European Union (EU) citizen, you and your family will be able to apply to get either settled or pre-settled status. This will mean you can continue living in the UK after December 2020.

You will not need to apply if:

  • you’re an Irish citizen
  • you have indefinite leave to remain in the UK
  • you have indefinite leave to enter the UK - for example, you have a Returning Resident visa

However, your family members from outside the UK and Ireland will need to apply.

When you can apply

The EU Settlement Scheme will open fully by March 2019.

The deadline for applying will be 30 June 2021. You may be able to apply after this date if you’re joining a family member with settled or pre-settled status in the UK.

Sign up for email updates to find out when the scheme opens.

Fees

The fee to apply will be:

  • £65 if you’re 16 or over
  • £32.50 if you’re under 16

It’ll be free to apply if:

  • you already have valid indefinite leave to remain in or enter the UK
  • you have a valid permanent residence document
  • you’re applying to move from pre-settled status to settled status
  • you’re a child in local authority care

What settled and pre-settled status means

Getting settled status or pre-settled status under the EU Settlement Scheme means you can continue to live and work in the UK after 31 December 2020.

If you get settled status

You can:

  • stay in the UK for as long as you like
  • apply for British citizenship, if you meet the requirements

You should be able to spend up to 5 years in a row outside the UK without losing your settled status.

How long you can live outside the UK is still subject to approval by Parliament.

If you have children in the future

Any children born in the UK after you’ve got settled status will automatically be British citizens.

Your rights with settled or pre-settled status

Settled or pre-settled status will mean you can:

  • work in the UK
  • use the NHS
  • enrol in education or continue studying
  • access public funds such as benefits and pensions, if you’re eligible for them
  • bring family members to the UK after 31 December 2020 - they could also come here on a family visa
  • travel in and out of the UK

Viewing and proving your status

You’ll be able to get proof of your status through an online service. You will not get a physical document unless both of the following apply:

Who should apply

To be eligible for settled status, you’ll usually need to:

  • be an EU citizen, or a family member of an EU citizen
  • have been living in the UK continuously for 5 years (‘continuous residence’)
  • have started living in the UK by 31 December 2020

If you’ve lived in the UK for less than 5 years, you’ll generally be eligible for ‘pre-settled status’ instead.

You’ll need to apply even if you’re an EU citizen married to a British citizen.

 

 

Continuous residence

Continuous residence means you’ve been in the UK for at least 6 months in each of the last 5 years, except for:

  • one period of up to 12 months for an important reason (for example, childbirth, serious illness, study, vocational training or an overseas work posting)
  • compulsory military service of any length

If you will not have 5 years’ continuous residence when you apply

You’ll generally get ‘pre-settled status’ instead.

This means you can stay in the UK for a further 5 years from the date you get pre-settled status. Once you have 5 years’ continuous residence you can apply for settled status.

You can get settled status in less than 5 years in certain situations.

If you’re from outside the EU

You must be in a relationship with an EU citizen as their:

You can also be related to an EU citizen, their spouse or civil partner as their:

  • child, grandchild or great-grandchild under 21 years old
  • dependent child over the age of 21
  • dependent parent, grandparent or great-grandparent
  • dependent relative with a residence card to prove your relationship

If you have a valid permanent residence document

Your permanent residence document will not be valid after 31 December 2020.

You can change your permanent residence document for settled status by applying to the EU Settlement Scheme. You will not have to pay or prove you have 5 years’ continuous residence.

Settled status if you're under 21

You can apply for settled or pre-settled status if you’re under 21 and either:

  • you’re an EU citizen
  • your parent, their spouse or their civil partner is an EU citizen

You can either:

  • get someone to apply for you, such as your parent, grandparent or guardian - they will need to apply separately for each child
  • apply on your own

If your parent is eligible for settled status

You’ll be eligible for settled status once your parent has settled status, even if:

  • you’ve lived in the UK for less than 5 years
  • you arrive in the UK after 31 December 2020

If your parent is not eligible for settled status

  • If you’ve lived in the UK for less than 5 years you’ll be eligible for pre-settled status.
  • If you’ve lived in the UK for more than 5 years you’ll be eligible for settled status even if your parent is not eligible for settled status.

Overview

You do not currently need to apply for a document to prove you can live in the UK unless:

  • you’re an extended family member of someone from the European Economic Area (EEA) or Switzerland
  • you want to apply for British citizenship
  • you want to sponsor your partner’s visa application under the Immigration Rules

If you’re an EU citizen you and your family will need to apply for ‘settled status’ to continue living here after June 2021. You’ll need to have started living in the UK before 1 January 2021 to apply to the scheme when it opens.

You will still need to apply for settled status even if you have a registration certificate or permanent residence document.

More details can be obtain from:

 

https://www.gov.uk/settled-status-eu-citizens-families

Tags: EU , Brexit, UK, Next, Srttled,
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