Under the proposed Brexit ‘withdrawal agreement’ between the government and the European Union (‘EU’), EU Citizens and their family members who have been resident in the UK prior to the UK leaving the EU on 29 March 2019 will be able to continue to live and work in the UK permanently.
Furthermore, close family members of EU Citizens who are currently living outside of the UK will also be able to join their EU family members in the UK in the future. For EU Citizens to obtain ‘settle status’, they will need to provide evidence of continuous residence in the UK for a 5 year period by 29 March 2019.
However, those EU nationals who have not been in the UK for 5 years by 29 March 2019 will have until 31 December 2020 (implementation period) to apply for ‘pre-settled status’. After having completed 5 years residence in the UK, EU Citizens will be able to apply for ‘settled status’ also known as Indefinite Leave to Remain. The proposed Statement of Intent states the following:
- EU Citizens and their family members who by 31 December 2020 have been continuously resident in the UK for 5 years will be eligible for ‘settled status’ enabling them to stay indefinitely.
- EU Citizens and their family members who arrive by 31 December 2020 but will not yet have been continuously resident here for 5 years will be eligible for ‘pre-settled status’ enabling them to stay in the UK until they have reached the 5 year period. They will then be able to apply for settled status once they have remained continuously resident here in the UK.
- As mentioned above, close family members living overseas will still be able to join their EU family member who is resident in the UK after the end of the implantation period, where the relationship existed on 31 December 2020 and continues to exist when the person comes to the UK.
The proposed Home Office fees for ‘settled status’ and ‘pre settled status’ applications will be £65 for adults and £32.50 for children under the age of 16.
For further information, please feel free to contact our Immigration expert, Mohammed Hafejee, on 0161 7459170.