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EU Citizens' Rights After Brexit

Writer's picture: Jennifer Owusu-BarniehJennifer Owusu-Barnieh

If by 31 December 2020 an EU citizen with their family have lived in the UK continuously for 5 years, they will be eligible for ‘settled status’. This means they can live in the UK indefinitely.


If by 31 December 2020, an EU citizens and their family members have not acquired the 5 years residence in the UK, they will be eligible for a ‘pre-settled status’. This allows such ones to stay in the UK until they can meet the five years continuous stay.


EU citizens who arrive in the UK from now will be eligible to apply right until the end of December 2019, that is the transitional period.


Between March 2019 and 31 December 2020 is known as the implementation period.


Family Members of EU Citizens


Close family members resident outside the UK will be able to join their EU resident members in the UK before 31 December 2020 provided their relationship existed at 31 December 2020 and continues to exist.


Future children are also protected.



Application

There is an application scheme set up for EU citizens and their families to acquire Settled and Pre Settled immigration status. The application scheme will be opened 2019 and it will run for 2 1/2 years, with its deadline on 30 June 2021.


Application will be

  1. online

  2. via computer

  3. Application apps on tablet and

  4. Application apps on android smartphone


Requirement for Application

Applicants are required to meet three criteria


Identity

Proof of Nationality will be required and so the applicant will be expected to provide either their passport or biometric residence card.


Eligibility

Applicants must have 5 years continuous stay in the UK. The Home Office will check with HM Revenue and Custom and Department for Works & Pensions for applicants' employment history.


This works well if applicants have been working for 5years. If the applicant has been working for less than 5 years and their employment history cannot be verified, they will have to send their supporting documents to the Home Office by post.


Suitability

Any applicant who has been convicted and jailed for more than 12 months in prison will not qualify.

Persistent offenders of serious crime will also not qualify.


Fees

Applicants age 16 years and over will have to pay an application fee of £65.00.

Applicants less than 16 years old will have to pay an application fee of £32.50

Applicants who already hold permanent residence in the UK can switch to settled status free of charge.


Settled and Pre-Settled Status

Those who hold Settled and Non Settled status will be able to access public services such as NHS, employment and property checks.


For further information on the EU Settlement scheme contact our immigration experts on 0800 468 10 11.






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