Brexit: Impact on EEA nationals living in the UK
On 31st January 2020 the United Kingdom left the European Union. As immigration practitioners we are frequently asked about Brexit’s impact on the immigration status’ of EEA nationals. The purpose of this article is to shed some light on how Brexit affects EEA nationals and the next phase of UK Immigration.
The UK Government has made provisions for EEA nationals to continue living in the UK after Brexit. If you are an EEA national and you do not have permanent residence, you will need to apply to the EU Settlement scheme to continue living in the UK after 30 June 2021. Upon application to the EU Settlement scheme you may either be granted Settled status or Pre-settled status. What status you are given depends on how long you have lived in the UK. If you have lived in the UK for five continuous years, you will be granted Settled status. If you have lived in the UK for less than five continuous years you will be given Pre-settled status. Continuous residence means the applicant should not have been away from the UK for more than six months in any 12 month period. The Home Office has discretion to permit a long absence from the UK if there was an exceptional reason for the absence.
Pre-settled status and Settled status allow EEA nationals to live in the UK, work in the UK without restriction, use the NHS for free, travel in and out of the UK, study in the UK and access benefits.
What is the difference between ‘Pre-settled status’ and ‘Settled status’?
The difference is that persons with Pre-settled status have a time limit on their stay in the UK, whereas persons with Settled status do not have any time limit to their stay. In this regard Settled status is similar to Indefinite Leave to Remain (ILR).
Upon a grant of Pre-settled status, a person will be given 5 years to stay in the UK. Before their Pre-settled status expires they will need to apply for Settled status if they wish to continue living in the UK.
Is the EU Settlement Scheme better for EEA nationals?
The EU Settlement Scheme is largely better for EEA nationals because it is easier and cheaper for EEA nationals to gain the right to stay in the UK without a time limit (Settled status). To gain settled status, EEA nationals only need to show they have been living in the UK for a continuous period of five years. It was harder to gain the same entitlement under the old regime, as EEA nationals had to show that they had been living in the UK continuously for five years and that they had been exercising treaty rights (studying, working, etc) in the UK during all five years. Therefore, under the EU Settlement Scheme, EEA nationals who would not previously have qualified for the right to stay in the UK without a time limit will now be able to do so.
Pitfalls of the EU Settlement scheme
It is important for EEA nationals to bear in mind that the EU Settlement scheme has some disadvantages. Mainly, Settled status and Pre-settled status in the UK can be lost. Settled status will be lost if you spend over 5 years in a row outside the UK, if this occurs the EEA national will be unable to apply for Settled status in the UK again because applications for Settled status will close by 21 June 2021. If you are a Swiss citizen your Settled status in the UK will be lost if you spend 4 years in a row outside the UK. Pre-settled status will be lost if a person spends over 2 years outside of the UK.
Permanent Residence, is it still valid?
Residence Cards will not be valid after 31 December 2020. The UK Government requires EEA nationals with a document certifying permanent residence to make an application to the EU Settlement Scheme or an application for British nationality in order to continue living in the UK after 30 June 2021. The good news for those with permanent residence is that when applying to the EU Settlement Scheme they do not need to show they have been living in the UK for 5 years continuously. We suspect that many people with permanent residence will be caught out by the rule that they need to make a further application to stay in the UK.
EEA nationals with Indefinite Leave to Remain
It is rare for EEA nationals to have Indefinite Leave to Remain (ILR), however, some EEA and Swiss citizens who lived in the UK before 1973 may have been given ILR automatically. If you are an EEA national with ILR, then you do not need to make any further applications to stay in the UK. You should, however, ensure you have proof of your ILR.
I am an EEA national, can I apply for British Citizenship?
If you are an EEA national, you can apply for British citizenship if you have possessed Settled status or Permanent Residence in the UK and comply with certain conditions.
Overall Brexit marks a new phase of UK Immigration in the form of a simpler route to settlement for EEA nationals and new opportunities for non-EEA nationals to migrate to the UK.
If you need a U.K. immigration lawyer and need assistance with any aspect of U.K. immigration law whether from inside the U.K. or from overseas, contact Aschfords Law in Harrow, London.
Please contact us today on: +44 (0) 7582932830.