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LS Legal News Bulletin

Remaining in the United Kingdom Post-Brexit

Remaining in the United Kingdom Post-Brexit

Monday 25th June 2018

As you may have seen in the news, Sajid Javid, the Home Secretary, released more details of the Government's scheme for a streamlined application process to grant European Union (EU) citizens residing in the United Kingdom what is to be known as settled status, to safeguard their position following Brexit.

The announcement on 22 June 2018 giving more details of the settled status scheme comes as a relief for many EU citizens and their family members. The Home Office has issued a detailed 'statement of intent' which has been published on the Government website. Whilst this details what the Government intend to do, it is important to note that the details of the scheme are still subject to approval by Parliament.

Key Dates for Settled Status Applications:

March 2019 - although the settled status application scheme is to commence trials in the next few weeks, it will not be open for applications in the main until March 2019.

29 March 2019 - this is the official day when the UK leaves the EU, although there is going to be a transitional period until 31 December 2020 which will allow EU citizens to come to the UK and exercise their Treaty Rights until the end of this period.

31 December 2020 - this is the date by which EU citizens must have started living in the UK if they wish to apply for settled status (or 'pre-settled' status). As this is the end of the transitional period, anyone not residing in the UK will be subject to newly introduced immigration rules, which are likely to be more stringent than the provisions during the transitional period.

30 June 2021 - this is the date that the settled status scheme will close for applications. After that, EU citizens will be subject to new provisions of the immigration rules, in the same way that non-EU nationals are currently subject to. There is talk of preferential arrangeements for EU nationals, however until the final rules are completed and approved, this remains speculation.

Eligibility for Settled Status

In order to offer as much comfort as possible to EU citizens, the eligibility criteria for settled status seems to be straightforward. You must

• Be an EU citizen, or a family member of an EU citizen;
• Have 5 years' continuous residence in the UK as a Qualified Person; and
• Have started living in the UK by 31 December 2020.

Sajid Javid stated that EU citizens wishing to remain in the UK post Brexit and secure Settled Status will have minimal questions to answer. One of which is to confirm whether or not the applicant has any 'serious' criminal convictions. At present this is not a barrier to obtaining permanent residence, however it is suggested that under the Settled Status scheme, you could be refused Settled Status for this reason. The Home Office, however, stated that the purpose of the criminal record checks would be to look for 'serious and persistent criminality, not parking fines'. Whether it is serious and persistent or only persistent, we cannot say.

Children will be eligible for settled status, including those who are under 21 and arrive in the UK before 31 December 2020. If you have settled status and you have a child born in the UK, he or she could be entitled to Register as a British Citizen and thus will not need to obtain settled status.

The financial cost of applying to remain in the UK as an EU citizen will be £65 for adults and £32.50 for children under 16. For those who already hold permanent residence status or indefinite leave to remain, the service will be free of charge.

Close family members, such as spouse, civil partner, dependent child or grandchild, or dependent parent or grandparent) not in the UK by 31 December 2020 will still be able to apply for Settled Status provided the family member is eligible for Settled Status and the relationship was in existence before 31 December 2020.

Obtaining Settled Status will allow people to live and work in the UK without restriction, with the same level of access to public funds and services as they have now under permanent residence. Those who will not have lived in the UK for a period of five years by the end of 2020, will be able to seek to stay in the UK under a so-called Pre-Settled Status, until they have been here for five years, and can then apply for Settled Status once they meet the five-year residence requirement.

Pre-Settled Status

This has been introduced to allow EU citizens who have been in the UK for less than 5 years to effectively stake their claim to settled status. It addresses the rights of those who come to the UK and wish to stay but will not have acquired the requisite 5-years residence to apply for settled status. Pre-settled status will allow EU citizens to be in the UK for 5 years on the same basis so that they can acquire 5-years continuous residence and obtain settled status. It is only open to EU citizens in the UK until 30 June 2021, when the scheme closes.

Conclusion

This scheme, costing £170 million, still requires a large amount of amending and finalising. However, despite the amending, EU citizens and their family members will need to secure their right to reside in the UK and evidence this by a valid immigration document to ensure that they have legal status to reside in the UK lawfully.

LS Legal Solicitors have established an outstanding reputation in obtaining permanent residence for EU nationals and their family members. Should you wish to secure your status prior to Brexit, to make for a smoother transition, please contact our firm on 020 81 44 55 88, via email on info@LSLegaLUK.com or use the contact box to discuss your matter or make an appointment.