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Brexit update:  The immigration status of EU nationals – Deal or No Deal

With just under 2 months before the date the UK leaves the EU, here is the latest update regarding the immigration status of EU nationals in the UK. The position will vary depending on whether the UK leaves the EU based on the deal that is on the table or with no deal.

If the UK leaves based on the proposed deal then the outlined process for the registration of EU nationals in the UK will be as follows:

  • To protect their resident status, EU nationals must register for settled or pre-settled status by no later than 30 June 2021.
  • All EU nationals who have been resident in the UK by 31 December 2020 will be eligible to register for pre-settled or settled status.
  • EU nationals who have been living in the UK for five years will be eligible to apply for settled status.
  • Those who cannot demonstrate five years of residence will be eligible for a pre-settled status.
  • EU nationals who arrive in the UK after 31 December 2020 will be subject to new (yet to be published) UK Immigration rules.

If the UK leaves the EU without a deal, then the free movement for people will stop effective 29 March 2019, the date the UK leaves the EU. In this scenario the registration process will look as follows:

  • To protect their resident status, EU nationals must register for settled or pre-settled status by no later than 31 December 2020.
  • Only those EU nationals who have been resident in the UK by 29 March 2019 will be eligible to apply for settled or pre-settled status.
  • EU nationals who arrive after the 29 of March but before 31 December 2020, will be able to enter the UK by showing their ID card or passport. They are able to stay for 3 months.
  • If they wish to stay longer, they will need to apply to the Home Office for leave to remain, within the initial 3 months of residence. Such leave to remain, if granted, will be for 36 months and will include permission to work and study.
  • UK employers and landlords can continue to accept EU passports and national ID cards as proof of entitlement to work and rent until 31 December 2020.
  • EU nationals who arrive in the UK after 31 December 2020 will be subject to a new (yet to be published) UK Immigration rules.

If you are affected by the above personally or as an employer with an EU national work force, and would like to discuss action plans, please do get in touch; we can provide advice around best plans, options and solutions.

Article by Tsige Berhanu

Immigration consultant with JMA HR & Legal Ltd

If you have any immigration enquiries, please do not hesitate to contact us:

T: +44 (0)1252 821792 E: enquiries@jma-hrlegal.co.uk

www.jma-hrlegal.co.uk

 

 

This article is accurate as at 13 February 2019 and is intended for general information purposes only and does not constitute legal or professional advice. It should not be used as a substitute for legal advice relating to your particular circumstances.