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19 Dec What you should know about the new Brexit deal

Posted on December 19, 2017 in EU Immigration by
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On 29 March 2017, the UK government triggered Article 50 to leave the EU on 29 March 2019. During this period, the UK remains a full member of the EU and there will be no change to the rights and status of the EU nationals living in the UK.

After on 29 March 2019, EU citizens will still benefit from another 2 years’ transitional period until 29 March 2021 to submit an application to obtain settled or temporary status in the UK.

On 8 December 2017, the UK government reached an Agreement with the European Commission on EU citizens’ and their family members’ rights to live in the UK. The Agreement divides the circumstances of the EU citizens into 3 categories:

  • Those who arrive in the UK and will have been continuously and lawfully resided in the UK for 5 years by the date the UK leaves the EU on 29 March 2019.

If you initially entered the UK prior to 29 March 2014 and have been living in the UK lawfully since then, you will be able to apply for settled status as soon as you have completed the 5 years, but no later than 2 years after the Brexit, i.e. 29 March 2021.

  • Those who arrive in the UK before the UK leaves the EU but will not have been lived in the UK for a 5 years’ period by 29 March 2021.

If you enter the UK before 30 March 2016, you will need to make an application to obtain settled status in the UK by 29 March 2021. Otherwise, if you entered the UK on or after 31 March 2016, you would not have been residing in the UK for 5 years by 29 March 2021. Therefore, you must apply to the Home Office for a temporary residence status if you wish to continue to remain in the UK beyond 29 March 2019.

  • Those who arrive in the UK after 29 March 2019

EU citizens who fall in this category will be subject to a Registration Scheme depending on the rules in place at the time.

What will happen to EU citizens family members? Family members and extended family members who live with or join the EU citizens in the UK by the actual Brexit will be able to apply for permanent residence after 5 years in the UK.

After the Brexit date, only close family members will be able to join the EU citizens and subject to the requirements that a) the relationship existed on 29 March 2019 and b) continues to exist when they wish to enter the UK. The family members included under these rules are:

  • Spouses, civil partners
  • Unmarried partners
  • Dependent children and grandchildren
  • Dependent parents and grandparents

 

Those who do not meet the above requirements will be subject to the rules in place at the time.

Migra & Co has acted successfully on behalf of EU citizens and their family members to obtain their settled status in the UK. If you have any enquiries, please do not hesitate to contact us.

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.